Democratic Deficits in the Philippines: What is to be Done?

CLARITA R. CARLOS AND DENNIS M. LALATA
WITh DIANNE C. DESPI & PORTIA R. CARLOS

Democratic Deficits in the Philippines: What is to be Done?

2010

CLARITA R. CARLOS, Ph.D. and DENNIS M. LALATA
with DIANNE C. DESPI and PORTIA R. CARLOS

KONRAD ADENAUER STIFTUNG

Democratic Deficits in the Philippines: What is to be Done?

Copyright 2010 by Clarita R. Carlos, Ph.D., Dennis M. Lalata, Dianne C. Despi and Portia R. Carlos ALL RIGHTS RESERVED Except for brief quotation in a review, this book or parts thereof, must not be reproduced in any form without permission in writing from the authors. The views and opinions expressed in this study are those of the authors and do not necessarily reflect those of the Konrad Adenauer Foundation and of the Centrist Democratic Movement. Published by Center for Political and Democratic Reform, Inc. 13 Bautista Street., University of the Philippines Campus, Diliman, Quezon City Konrad Adenauer Foundation 5/F Cambridge Center Bldg. 108 Tordesillas corner Gallardo Streets Salcedo Village, Makati City Philippines Centrist Democratic Movement 804 Batis Street, Juna Subdivision Matina, Davao City Philippines ISBN 978-971-94932-0-4

Foreword When this book is published, many voices will be heard from civil society, the academe, the media and foreign observers in the Philippines expressing their hopes and great expectations for the strengthening of democratic good governance and a more successfull socio-economic development under the new administration of President Benigno Aquino III. His campaign, built on the credible promise of bringing down corruption and wrongdoings in the State Institutions, has opened perspectives for a better life for the ordinary people in the eyes of many Filipinos. There is no doubt that the importance of a good person, with the right intentions and with character, imbued in the highest office of the country, cannot be overestimated. With the extraordinary powers the 1987 Philippine Constitution bestowed upon the President, he will be able to change things and move the country forward – even with the limitation of only one six-year term in office. However, the example of the Ramos Administration in the ninetees, during which democracy seemed to have stabilized and a fresh wind of socioeconomic development pushed the country for some years into the mainstream of the booming SoutheastAsian region bears remembering how the country can fall back into political turmoil and socio-economic deadlock after a change of administration. It is of great benefit from this study of Prof. Clarita Carlos that she is analysing the deep causes behind the problems which plague the Philippine Democracy from its restoration in 1986, nearly 25 years ago. Many people are blaming the Philippine culture for the flaws and weaknesses of the democratic processes; for the lack of progress in poverty alleviation – as opposed to neighbouring countries like Malaysia or Vietnam. But Prof. Carlos shows, that it is mainly the institutional set up of the Philippine brand of Democracy which, in spite of the good principles and intentions of the 1987 Constitution, perpetuated the patronage system inherited from the Spanish colonial period. It likewise prevented effective participation of the ordinary people in the political system that lead to lack of control of executive powers and subequently to overwhelming corruption. In order to create sustainable progress, the new administration has to correct the wrong incentives in the electoral system and democratic procedures which do not leave room for the development of a structure of authentic member-based and program-oriented political parties – the backbone of a functioning democracy. It has to level the economic playing field by opening up and encouraging competition in local and national markets which are presently dominated by powerful cartels or family clans. This will create a liberal framework in which job creation and poverty alleviation can take place. It finally has to provide much better competences and share much more substantial budget from the central government to the local and regional government units along the principle of subsidiarity; thus setting free the dynamic forces of the masses fighting to improve their lives and bring real democracy to the country. Clarita Carlos, further to the analysis of many democratic deficits of the country, presents in this book a great number of well assessed and oftentimes innovative suggestions for the solution of the problems. We, the Centrist Democratic Movement(CDM) of the Philippines and the Konrad-Adenauer-Stiftung, hope that we can contribute, with the publishing of this study, toward a broad and honest cooperation of Centrist Democrats from different political background for a fundamental and well targeted reform policy in the coming years. Manila, August 18, 2010 Peter Koeppinger

the Christian Social Movement (CSM) and their youth groups Young Christian Socialist (YCSP) began to formulate their own version that encompassed an important segment of our society – the Muslim community. abuse and even non-use. Lorenzana CDM Convenor . Thus in the early 70s emerged the Christian-Muslim Democrats – which over time dropped the religious/cultural undertones to be known simply as CENTRIST DEMOCRATS. Ramon Magsaysay and the early adherents. the CDM must set out to do. the Philosophy behind Christian Democracy in the Philippines underwent substantial changes reflecting local political realities. In the decades since then. With the help of specialists in particular issues. Organized as the CENTRIST DEMOCRATIC MOVEMENT (CDM). The themes underlying the CDM’s philosophy of good governance and truly functioning rule of law are focused on electoral reforms and building sustainable political parties. the SUCCESSOR GENERATION. economic and social order must be so logically designed that the dignity of each person is protected and promoted. nurtured them and waited for them to bear fruits. KAS has been in the country for the greater part of four decades advancing the philosophy of Christian Democracy (CD) as practiced in Germany and some European countries.be focused – live straight and learn well. This bias towards creation of sustainable political parties is elementary. beliefs and strategies of governance. political parties encompass an array of positions in a spectrum – from the extreme left to the extreme right. Political stalwarts of the era. the SUCCESSOR GENERATION will now take center stage in assuming the responsibility for reforms in the Philippine Society. Guided by its core belief – respect for Human Dignity – political. Mostly composed of Young Professionals and youth. The Centrist Democratic Movement Federation of the Philippines collectively supports the notion to abolish the deficits in democracy that continually negate the development of all sectors of the Philippine Society.The SUCCESSOR GENERATION. They did not enforce upon the body politic their concepts of governance. What are needed therefore are two or three distinguishable political parties that must precipitate a clash of ideas and principles – the better to present the optimum alternatives to the electorate. authority and responsibility – their use. misuse. As repositories of political theories. Clarita Carlos’ study on Democratic Deficits is a timely piece of work that can provide the SUCCESSOR GENERATION a general guide towards the strengthening of democracy. Manuel Manahan. What is required is clarity of beliefs and approaches for governance – which in political mature countries are lodged in political parties. This. in your political journey ahead . must begin to understand that it is now their turn at the helm. Instead they planted seeds. Raul Manglapus.MESSAGE The last few months of 2009 saw the fruition of an initiative by THE TECHNICAL ASSISTANCE CENTER FOR THE DEVELOPMENT OF THE RURAL & URBAN POOR (TACDRUP) and KONRAD ADENAUER STIFTUNG (KAS) on a political education program that transcends a generational divide . the introduction and strengthening of a social market economy and the restructuring of the state decision making process through a decentralized system of governance following the concepts of subsidiarity. we seek to enlighten ourselves with the principles behind good governance – with a greater priority toward political party formations. To the SUCCESSOR GENERATION. But running a country is a complex system that requires the comprehension and appreciation of power. Lito Monico C.

Portia Carlos. for helping us discover the path of how our democracy can be better by addressing our democratic deficits so the lives of 100 million Filipinos will also be better.. Peter Koeppinger. we look back and discover rather pleasantly how much the collective efforts of individuals can result in a very involved examination of an issue area. counter checked data and argued and challenged the validity of the many diagnoses found in extant literature. Clarita R. It is not an accident that this book is directed to the new leadership of our country which has promised us change and to them is this book dedicated. who enthusiastically rowed along side us as we questioned assumptions. Dennis Lalata. We also discover.. these democratic gaps. Koeppinger. has shown over the years a remarkable development of his critical faculties as well as of his writing. Happily. 2009. we were learning so much in the process. His infinite patience and attention to details had served us well as we went into the final activities of putting this book into print.ACKNOWLEDGMENT In November. This book will not come into being were it not for the continuing support and trust of the Konrad Adenauer Foundation under the helm of Dr. where we want to go. Always. Peter Koeppinger had barely warmed his seat as the new Resident Representative of the Konrad Adenauer Foundation when we met for a welcome and getting to know you lunch. what is to be done to address those deficits. Dr. Little did we both realize that that lunch will result in this book where we both agreed that there should be a comprehensive and non-partisan reckoning of where we have been as a nation. This book would not have seen the light of day were it not for the indefatigable research team I had led by Mr.. a former star student of mine and a cum laude from our university. not too pleasantly. Carlos . in this case.. Dianne Despi and Ms. Thank you. would require some very genuine efforts on all our parts to change and be part of that change. the other members of the research team. the many promises of democracy which have been compromised by our system of governance. when a work is finished. that the work of filling up these deficits. My heartfelt gratitude also goes to Ms. Dennis. we were not just writing a book. Dr. what our democratic deficits are and most importantly.

.1 I..…………………………………….16 A. Environment…………………………………………………………………….190 End Notes……………………………………………………………………………….. Corruption………………………………………………………………………… 56 E..158 IV.25 C.…………………………….102 B..…………………………………………..83 F.114 C.152 E...102 A. Social and Economic Systems……………………………………………………….……………………………………………... Democratic Institutions………………………………………………………………..27 D.. Introduction…………………………………………………………………………… 14 II.TABLE OF CONTENTS Executive Summary…………………………………………. AFP/PNP Reform…………………………………………………………………. Population ……………………...…..168 A. Public-Private Sector Partnership …. 88 III......168 B.208 ... Special Concerns…………………………………………………………………….…………………………………….125 D.……………………………………….. 16 B.183 Conclusion ……………………………………….……………………………………. Political Parties/Electoral Reform………... Food Security……………………………….………………………………………………. Health…………………………………………………………………………….. Insurgencies………………………………. Education System……………………………………………………………….192 Bibliography……………………………………………………………………………. Rule of Law and Justice Reform .. Political Dynasties…………………………………………………………………. Local Government-National Government Relations…………………………….

…………………………56 Table 3 – Top Employers by Sector (as of 2004) ……………………………………………57 Table 4 – Number of Programs on Good Governance and Anti-Corruption………………..29 Table 2 – Dimensions of the Philippine Civil Service (as of 2004)..159 List of Tables Table 1 – The Philippine Justice Sector…………………………………………………….129 Table 11 – Vital Signs (Philippines)……………………………………………………….....129 Table 10 – Total Number of Disasters in Southeast Asia (1990–2009)……………………...132 Table 12 – Diversity and Endemism (Philippines)………………………………………….List of Figures Figure 1 – Structure of Local Governments in the Philippines………………………………84 Figure 2 – GDP Growth.... 1997-2003 (Philippines)……………………………………….60 Table 6 – Political and Economic Risk Consultancy 2010 Annual Survey…………………...132 Annexes (contained in the attached CD) Annex A – Political Party Reform Bill Annex B – Party List Law Annex C – Challenges to the Rule of Law Annex D – Challenges to the Philippine Justice System Annex E – ADB and World Bank Perspectives on Justice Reform Annex F – Free Legal Assistance Act Annex G – Corruption Perception Index Table for 2009 Annex H – CPI 2009 Methodology Annex I – Overview of the Legal Framework for Dealing with Corruption in RP Annex J – Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees Annex K – Brief History of AFP and PNP Annex L – Selected Recommendations of the Davide Commission Annex M – Selected Recommendations of the Feliciano Commission Annex N – Major Issues and Challenges in the Philippine Education System Annex O – Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003 Annex P – Act Strengthening the Literacy Coordinating Council Annex Q – RP Millennium Development Goals on Health Annex R – Specific Health Programs of the DOH Annex S – Philippine Laws Governing Health Care Annex T – Declaration of Alma-Ata .115 Table 9 – Countries Most Exposed To Natural Hazards (From Multiple Hazards)……..63 Table 8 – Conventional Health Status Indicators..59 Table 5 – Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer…. Rich Urban Communities versus Poor Rural Communities…………………………………………….61 Table 7 – Factors that Predispose the Customs Service to Corruption……………………....

Annex U –1972 Stockholm Convention Annex V – Annotation on the 1994 Draft Declaration of Principles on Human Rights and the Environment Annex W – Indigenous Peoples Rights Act Annex X – Kyoto Protocol Annex Y – Clean Air Act Annex Z – Biofuels Act Annex ZA – Climate Change Act Annex ZB – Rules of Procedure for Environmental Cases Annex ZC – Ecological Solid Waste Management Act Annex ZD – Disaster Risk Reduction and Management Act Annex ZE – Trends in the Philippine Population Annex ZF – Reproductive Health Bill Annex ZG – History of Communist Insurgency and Moro Issue Annex ZH – Organic Act for ARMM Annex ZI – 1976 Tripoli Agreement .

Democratic Deficits in the Philippines: What is to be Done? EXECUTIVE SUMMARY The purpose of this study is to identify areas where democracy in the Philippines has failed us—the democratic deficits that confront us today. We shall describe the basic features of those deficits, enumerate the major challenges, and outline what is to be done as culled from previous studies, including our own recommendations, which we think will reduce, if not totally abolish our democratic deficits. While these deficits are presented as segments, they are interrelated and are linked to each other. In the end, what is crucial in overcoming these democratic deficits is strong political leadership from the top among the three branches of government, and collective political will that can be harnessed from the citizenry. The democratic deficits and our recommendations in the area of Democratic Institutions are the following: Political Parties/Electoral Reform. Lack of accountability and responsibility and political turncoatism are democratic deficits that can be addressed in the short- to medium-term by linking the political life of party members with party membership so that their advance in politics must rely on the decisions made by their party leaders. Political parties must be required to have clear ways by which they finance their campaign and other activities and where government financing is absent, the support for the candidate forthcoming from the political party should be clear. Clear rules of accounting and auditing of party funds within party must be instituted so that no one person dictates who will get what and how much. The Political Party Reform Bill must be passed into law for better accounting, matching government support for recognized and registered political parties, and limiting election expenses. The election campaign period must be radically shortened to 60 days for the national positions and 30 days for the local positions. There is a need to reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party. This will reflect the real intent of giving representation to the marginalized sectors of our society. There is a need to change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day; by shifting to a parliamentary system, we will be able to overcome the many complications present in a presidential form of government, compel party loyalty, reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election. Political Dynasties. Leveling the playing field is required to address this democratic deficit. Reform of campaign finance must be carried out by reallocating resources and giving

1

Democratic Deficits in the Philippines: What is to be Done? opportunities to less financially endowed but capable candidates to enter the political arena. Reform of the political party must be undertaken in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. There is a need to pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on Corruption). Rule of Law and Justice Reform. The Philippines faces many challenges to the rule of law and its justice system. Reforms and other measures dealing with deficits in the justice system must be undertaken for the entire justice sector which will require cooperation among the three branches of government. Reform efforts must cover all areas of governance within the sector while paying special attention to access to justice by the poor and disadvantaged. In enhancing rationalized and coordinated law enforcement, there is a need to: (a) decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law; (b) design and adopt an integrated criminal justice information system and develop crime classification and crime indicators; (c) adopt a holistic approach to the improvement of the crime investigation system of the police; and (d) remove duplication, overlapping, proliferation and fragmentation of law enforcement functions, reintegrate police functions, and remove institutionalized politicization of the police. In strengthening the prosecution agencies and reengineering the public defense system, there is a need to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy, as well as undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services, improve access and efficiency, and strengthen its independence. Efforts must be undertaken to reengineer the institutional framework of the corrections system, devolve delivery while maintaining strong oversight, and amend the Probation Law to expand its coverage. The laws of the land must be popularized towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. There is a need to provide greater access to justice by the poor and disadvantaged through the following: (a) formation of a joint committee of the Supreme Court, the executive branch, IBP and alternative law organizations to coordinate the various legal aid providers in the country; (b) provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council; (c) improve 2

Democratic Deficits in the Philippines: What is to be Done? services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts; coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence; (d) assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system; and (e) expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates, including minors. Continuing judicial education must be improved to enhance judicial competence. Various options to enhance judicial independence and fiscal autonomy must be studied. Complaints mechanisms and enhanced record-keeping systems for improved judicial transparency and accountability must be designed. A comprehensive study of the implications of the power of judicial review must be conducted. There is a need to act on undue delays in the conduct of trials and large backlogs in the handling of cases by: (a) adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial; (b) reviewing and improving the rules of court; (c) reviewing the jurisdictional structure of the courts; (d) removing duplication and overlap and clearly defining the operational delineation among pre-trial system, barangay justice system and the courtannexed mediation system; and (e) promoting the use of Alternative Dispute Resolution (ADR) mechanisms in various agencies in the justice sector. The various challenges in the Shari‘a Courts must be addressed by: (a) creating a societal environment that is based on a unified rule of law; (b) strengthening the Shari‘a Legal Education System (both academic and continuing education); (c) improving the system for ensuring the qualification and training of Shari‘a lawyers and judges; (d) improving the jurisdictional scope and structure of the Shari‘a court system and its rules; (e) developing a Shari‘a Code of Ethics; (f) formulating a career development program for Shari‘a judges; (g) improving case management capacities and operations; and (h) structuring of Shari‘a legal fees and charges. Other measures for overall justice system reform must be carried out: (a) comprehensive review and codification of laws; (b) assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010); (c) follow-through of the implementation of the Court Management Information System (CMIS); (d) follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21); and (e) follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17, 2006 held in Australia. Corruption. Corruption and inefficiency are a lethal combination of deficits that is robbing future generations of Filipinos many opportunities for development while benefiting

3

Democratic Deficits in the Philippines: What is to be Done? vested interests. A multi-pronged strategy is required in order to address this grave ill of society which may have already become systemic. In the political arena, there is a need to reform campaign finance and end or prohibit political dynasties. In the government bureaucracy itself, there is a need to target selected ―problem‖ agencies for government reform by enhancing transparency based on the public‘s priority concerns, as well as to strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President. The proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform must be considered. There is a need to strengthen third party enforcement in order to reduce or check ineligible, political appointments. Efforts must be undertaken to reform the pay incentive system to make it more competitive and reduce temptations for corruption, as well as strictly adhere to the merit system of promotion and selection of officers/officials/managers. Opportunities must be opened to enhance civil society and private sector participation by increasing transparency through public oversight and by preventing corruption through collective action. Government employees themselves must be encouraged to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK, the confederation of public sector unions of Philippine government employees. In the fiscal area, a major overhaul of the Philippine tax system must be carried out because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes. In terms of financial controls, there is a need to minimize technical jargon and make the language of the government budget more simple in order to make it more understandable to the people. The bill on the Freedom of Information Act must be passed to pave the way for the full disclosure of all government transactions involving public interest. There is a need to simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions. Budget processes must be reformed in order to achieve discipline, allocative efficiency and operational efficiency. Legal-judicial reforms must also be implemented. These include undertaking specific procedural/penal reforms such as: (a) imposition of strict penalties; (b) increasing penalties for certain offenses; (c) termination and resolution of preliminary investigation proceedings within 30 days; (d) warrant of arrest to be accompanied by writ of attachment of property; (e) conduct of speedy trials or fast-tracking of high profile cases; and (f) no issuance of temporary restraining orders except by the Supreme Court. There is a need to carry out substantive reforms such as: (a) enactment of an additional law with whistle blower protection provisions; (b) amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions; (c) codification of the fragmented anti-graft laws; and (d) the integration of the anti-graft provisions of the widely scattered special laws. The possibility of merging the Presidential Commission Against Graft and Corruption with the office of the Ombudsman must 4

(c) carry out speedy action on appeals over decision on AFP courts-martial. i. and provincial governors. The functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities must be strengthened. intelligence. Local Government-National Government Relations. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform. Alternative ways of raising revenues by local government units (LGUs) must be explored while more efficient ways of collecting local taxes must be adopted. Lastly. 5 . particularly in the areas of disaster management and environmental protection and preservation. the Local Government Academy can coordinate all other education and training agencies. logistics. operations. There must be efforts to document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions.Democratic Deficits in the Philippines: What is to be Done? be studied. among others. There is a need to identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance. (g) observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice. The need for capacity building in the face of various challenges on the ground is a major democratic deficit that can be addressed in the short. exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out.to medium-term by reevaluating how resources are allocated and institutional strengthening is coordinated.. there is a need to develop. (b) strengthen security measures on those under detention. selected recommendations from the Davide Commission and Feliciano Commission are presented which have not been implemented but remain relevant to our times. The politicization of the PNP has been brought about by the influence of local government units through financial support and recruitment recommendations. (h) crackdown by the military on some "big fish" corrupt officers. The following key recommendations contained in the Davide Commission report. and training functions. enhance and periodically reevaluate performance indicators for LGUs. city mayors. must be implemented in order to prevent or when dealing with coup attempts when they happen: (a) administer a justice and rehabilitation program to military participants. There is a need to professionalize the secretariats of the various leagues of barangay chairmen. municipal mayors. (e) remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. (f) disband organizations not authorized by the military.e. The politicization of the AFP has been manifested in the more than a dozen coup attempts that have occurred in the past 24 years. There is a need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels. There is a need to reexamine the Internal Revenue Allotment (IRA) formula such that performance measures and poverty indicators should be included in the bases of the allocation. With these persistent democratic deficits. (d) implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat.

and (c) study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank. and (n) work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP). educational benefits abroad.Democratic Deficits in the Philippines: What is to be Done? (i) stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. (b) reintegrate authority to the PNP Chief to recruit. (g) implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. and (c) remove LGU authority over the internal administration of the police force. (b) establish an AFP Service and Insurance System. The following key recommendations of the Feliciano Commission report must be implemented: (a) liquidate the AFP Retirement and Separation Benefit System (RSBS) in an orderly manner and return the soldiers‘ contributions. 6 . (e) establish an autonomous Internal Affairs Office (IAO). (m) institutionalize necessary improvements in the military in the areas of promotion and assignments. (f) set tenure limits for AFP finance and procurement officers. To improve the state of AFP medical services. and (i) ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service. (b) review the geographic distribution of hospitals. purchasing and auditing. there is a need to: (a) ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services. For the PNP. especially those before the Commission on Appointments. (l) provision of sufficient resources and support to the Deputy Ombudsman for the Military. (k) encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft. (h) provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program. the following must be seriously considered: (a) remove negotiable and highly discretionary support from LGUs. (d) strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands. (c) simplify AFP procurement procedures. (e) strictly implement control measures over supplies. and compulsory attendance at military command schools (similar improvements may be done for the PNP). (f) reinforce the Office of the Ombudsman by increasing funding and other support. (j) conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel.

must be improved. among others. from ―structure before strategy‖ to ―strategy driving structure. There is a need to synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates. raising the quality of education and addressing the many deficits therein is imperative. The designation of additional universities must be halted and instead the quality of education in existing and universities and colleges. Reforms must be carried out in financing the health care system through multiple fund sourcing.‖ focus on standards not standard operating procedures.5 percent of the Gross Domestic Product). Health. The quality of teachers must be developed by revising bachelor‘s education—reversing it from two-thirds teaching methodology and one-third content to twothirds content and one-third methodology.Democratic Deficits in the Philippines: What is to be Done? The democratic deficits and our recommendations in the area of Social and Economic Systems are the following: Education System. regional. There is a need to increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4. there is no alternative but to equip our citizenry with the necessary skills and know-how in order to become productive citizens. and the regulation of the entry of foreign education institutions into the Philippines. The Philippines will be hard-pressed to achieve the Millenium Development Goals for Health if present trends and deficits in the health care system continue. including specializations. There is a need to seriously consider adding two more years to basic education (one additional year for elementary school and one additional year for high school) or alternatively lengthen the number of school days and school hours. Existing budget policies and governance must be changed from budgeting without accountability to outcome-based budgeting. There is a need to fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. With the entire world as our workplace. provided they meet certain criteria of qualifications and performance. The Adopt-a-School Program of the Department of Education must be widely promoted among the private sector. thereby shortening summer vacation. One selected university department in every academic discipline must be upgraded into an honest-to-goodness world-class national center of excellence. Entrepreneurship courses must be integrated in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set. while those of faculty at state universities must be doubled. With a fast growing population. in order to address the problem of poor families not being able to send their children to school. from annual budgeting to multi-year budgeting allowing for a spending plan that is realistic and can be planned and programmed. focusing on feeding programs and financial assistance. A national master plan must be adopted in order to establish a new typology of Higher Education Institutions (HEIs) and a rational system of national. including mother tongue-based multi-lingual education in appropriate areas in the Philippines. provincial and municipal/city universities and colleges. National 7 . The salaries of public school teachers at the basic education level must be trebled. from ―security of tenure‖ to merit-based performance evaluation and rewards.

and reallocation from non-social service sectors. The environmental development goals contained in Philippine Agenda 21 must be pursued. wholesaling and distribution strategies and retailing strategies. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. Related to this. tetanus toxoid immunization. Health services (basic/secondary/tertiary) must be organized by revisiting the Local Government Code and its implementation. Environment. These include the implementation of Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level. and deployment of the various health professions. practice. there is a need to promote partnerships with civil society and the private sector in order to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. Health regulations (including regulation of pharmaceuticals and other health care goods) must be reviewed and strengthened. additional tax sources. Considered a biodiversity hotspot. micronutrient supplements and essential drugs by strengthening sourcing strategies. improving provincial-level coordination of local health service delivery. It is imperative to increase access to essential public health services including but not limited to family planning. There is a need to integrate and strengthen health workforce regulatory functions under one body in order to unify standards and regulations of the production. This can be financed from the present PhilHealth reserves and increasing premiums collection. and condom use for the prevention of HIV/AIDS and sexually transmitted diseases (STD).Democratic Deficits in the Philippines: What is to be Done? government spending can be financed through borrowing (including re-financing of existing debts). The Health Sector Expenditure Framework must be linked with the medium-term expenditure framework of the rest of the social sector agencies. and prioritizing the following concerns in the rural areas: 8 . the Philippines is facing various threats to its environment. PhilHealth support value for identified services in the basic package may be increased. there is a need to improve access to public health commodities including but not limited to contraceptives. The practice laws of the different health professions must be updated and rationalized premised on health care being a team effort. Measures must be taken to build sustainable cities and undertake renewal of rural areas. There is a need to manage and organize health information to maximize its value in reforming the health system. The country is also at the center of the adverse effects of climate change. there can be mandatory increases in the proportion of IRA to be spent for health. Finally. For local government units. establishing autonomous and authoritative hospital authority or hospital boards. Efforts must be made to improve health governance through the Department of Health (DOH) as lead institution in implementing reforms leading to universal health care. facilitating exchange of knowledge and experiences with Asia-Pacific Economic Cooperation (APEC) economies in order to build sustainable cities. The people‘s right to a clean and safe environment and other related rights have been undermined by environmental degradation. and harnessing community participation at all levels of the management cycle.

(c) crafting a National Adaptation Plan for Climate Change. Overpopulation and the increasing number of elderly persons are challenges because of the strain on limited resources for health care. A host of climate adaptation and disaster mitigation measures is recommended: (a) passage of a comprehensive disaster management bill. (b) geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas. and reform of the pension system. (i) strongly enforcing zone regulations. 9 . The provisions of the Clean Air Act must be strictly implemented. Depopulation may also be achieved by promoting regulated out-migration of families which is in fact already being done.‖ A workable criminal and civil liability framework must be put in place that will serve as a deterrent to and facilitate claims for environmental damage. The China model may be worth studying in this respect. (e) pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. regardless of sector of employment. Overpopulation can be addressed through a combination of population management. There is a need to protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks. There is a need to put measures in place in anticipation of the increased ageing population. (h) setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units. and (c) the impacts and effects of aerial spraying. and/or contingent credit facilities. (b) defensive measures in dealing with forest fires. ―Green chemistry‖ and other clean technologies must be promoted through incentive systems.Democratic Deficits in the Philippines: What is to be Done? (a) areas that may be reserved for small-scale mining. There is a need to rationalize the cost of these two programs and provide a common standard of old age protection to all workers. Clean technology must be promoted while addressing pollution and environmental damage. (f) making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned. and by allowing people to determine their family size by providing them with information on the use of natural and artificial contraceptives. including the idea of a catastrophe insurance pool. such as by possibly merging the Government Service Insurance System (GSIS) and the Social Security System (SSS) and instituting a sustainable pension mechanism for an ageing population. building codes and related laws in support of disaster risk reduction. Population growth may be controlled by lowering the incidence of unplanned pregnancies through the provision of information on reproductive health to the public. and (j) implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas. (d) exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector. (g) integrating Disaster Risk Reduction concepts in the curricula of both public and private schools. Population. housing and other basic services. outmigration.

(c) review laws which have been set for the economy. or will it exacerbate differences and problems between the central government and local units?. proper implementation of rules and programs to render the best service possible. The democratic deficits and our recommendations on Special Concerns are the following: Insurgencies. Measures must be undertaken in various sectors in order to address these democratic deficits. there is a need to: (a) improve on governance and efficiency in delivering social services to the people. 10 . and revise those which seem to be outdated. and (e) enhance connections within the government agencies involved in delivering goods and services to the public. more efficient system of networks between the government. This can be done through the following: (a) expand opportunities in agriculture and tourism to address the unemployment issue. (d) implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country. including investment incentives.‘ (f) push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors. In the political sector. and (g) create and maintain a better finance environment for small and medium enterprises (SMEs). The government should prioritize the creation of jobs. and develop an orderly. This will give stability to employment through a ‗sustained rise of output and productivity‘ which creates an assurance in the people of improving welfare standards in the country. (e) prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. The absence of a strong partnership between the government and the business/private sector as the engine of growth is a deficit that must be addressed if we would like development to trickle down to the grassroots. (d) properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies. particularly in areas in Mindanao where these challenges are rife. (b) study the pros and cons of federalism—will it be a better solution to the Mindanao issues. this includes constitutional reforms and further definition and clarification of rules of engagement. (b) strengthen the poor physical infrastructure of the country. The Communist insurgency and the Moro issue have derailed development in the rural areas. civil society and the private sector. especially those which deal with tariff and trade.Democratic Deficits in the Philippines: What is to be Done? Public-Private Sector Partnership. improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions. (c) revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system. and investments.

the other traditional areas for food production should not be neglected. and (b) make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. (b) construct core shelters for displaced individuals and families. soil conservation by cash or food for work. fertilizer. the following may be implemented: (a) study the proposal to transform the National Food Authority into a postharvest service institution. The following may be undertaken immediately: (a) enhance emergency food assistance nutrition interventions and safety nets. Food production and agricultural productivity programs must be put in place in order to deal with this deficit. (c) develop projects for capacitybuilding for various local institutions. and make them more accessible to all. (b) enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children. there is a need to: (a) develop inter-faith dialogues as confidencebuilding measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao. (c) adjust trade and tax policies. (d) rehabilitate damaged health and educational facilities. The country has experienced food shortages from time to time which are a manifestation of how fragile our state of food security is in the Philippines. (c) provide farm and fishery materials and equipment. small bridges and irrigation facilities. farm-to-market roads. (b) increase smallholder farmer food production. and (d) implement farm and non-farm livelihood projects. However. and (c) decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education.Democratic Deficits in the Philippines: What is to be Done? In the economic sector. Mindanao should be developed as the country‘s food basket. the following may be carried out immediately: (a) deliver food aid. The following may be implemented in the short-term: (a) provide educational assistance to out-of-school youth. and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas. and (e) develop health programs dedicated to the care of infants and children. (d) manage macroeconomic implications. and (e) remove constraints to domestic trade in order to link small farmers to markets. (d) reduce post-harvest crop losses and community-based food stocks. veterinary drugs/services and small pumps to those in need. In the social sector. 11 . (b) rehabilitate access tracks. storage facilities. Food Security. and (e) provide immediate supply of seeds. feeds. (c) rehabilitate small-scale irrigation. For the short-term. (b) remove barriers to domestic trade. The following may be implemented in the medium-term: (a) draft feasibility studies for agricultural development and agribusiness prospects. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33.

especially in Mindanao. (f) ensure sustained access to competitive. (e) improve rural infrastructure. and to the country as a whole. i. Public-Private Sector Partnership. Development can only be pursued if there is a sound working relationship between the government and the private sector. (i) implement genuine agrarian reform programs which do not patronize selected sectors of society.to long-term. (b) stimulate public-private investment in agriculture. in the following order of priority: 1. it is very difficult. (o) improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. (j) provide farmers in rural communities with better access to equipment. (g) support development of producer organizations. Corruption/Rule of Law and Justice Reform. (m) manage population and improve education. not only in that particular region.Democratic Deficits in the Philippines: What is to be Done? For the medium. transparent and private-sector led markets for food produce and quality inputs. Insurgencies. and (p) improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products. increasing nutrient content of products. (h) strengthen access of smallholders and other food chain actors to financial and risk management instruments. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. (l) secure public sector partnerships with the private sector and NGOs in research in order to help in the promotion of agricultural development. 3. which will further ensure food security. water and biodiversity. (c) ensure secure access to and better management of natural resources. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments. Peace is a pre-requisite to development. (n) strengthen physical infrastructure. if not impossible to bring development to those areas. and optimizing soil usage through alternate cropping.e. Unless there is peace in the various regions. 12 . (k) speed up peacebuilding processes in Mindanao. 2. Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. including land. the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. but also for the whole Philippines. the following may be carried out: (a) improve enabling policy framework. building more quality farm-to-market roads and better irrigation systems. We believe that the most urgent tasks for the new leadership that in order to lay down the groundwork for economic development are as follows. where vast potentials for development remain untapped. facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families. within the next five years. (d) invest in agricultural research.

Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay. in contrast to purely personality-based leadership that we have now. Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people. 13 . Political Parties/Electoral Reform.Democratic Deficits in the Philippines: What is to be Done? 4. The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership. Local-National Government Relations. 5.

to the extent possible.Democratic Deficits in the Philippines: What is to be Done? I. We shall also attempt to identify. be categorized into immediately doables. They are deficits in the high number of Filipinos who are not able to obtain education and who are not given an opportunity to improve their lot. In the 1960s. Each one of the aforementioned deficits will be tackled. food. it was also socialized by the American colonizers to the ways of democracy. They are deficits in representation. the Philippines was second to none except Japan. we are preparing to elect new leadership for our country with a presidential election and election of the new Congress all intended to bring about new politics. medium-term and long-term. water. They are deficits in the economy which exports a lot but does not produce employment. Finally. INTRODUCTION Post-independence in 1946. They are deficits in the way we degrade our environment paying little attention to the next generation. It only ranks among the first in two lists: the list of the countries perceived to be most corrupt and the list of countries most hit by disasters. the agency(ies) that will be responsible for the changes recommended. They are deficits in the way we treat our minority communities. The ―what is to be done‖ shall. the Philippines was known as the ―showcase of democracy‖ in the Asia Pacific. They are deficits in transparency. Having been under the tutelage of the United States for nearly 50 years. These are the many. We call this phenomenon as democratic deficits. short-term. they are deficits in the way health. accountability and predictability. Finally. the major challenges identified and most importantly. the Philippines finds itself at the bottom of every list measuring the quality of life and various human development indicators. recommendations on how we proceed to reduce if not altogether abolish these deficits altogether. At the time of writing. their basic features described. they are interrelated and are linked to each other. many deficits of our democracy. as far as practicable. Why are we where we are now? What has happened to the promise of democracy that political and economic freedoms will lead to the good life? What happened to the promises of our elected representatives that they are going to represent our interests? What happened to the political party members who sought our votes but who later on changed their political colors? What happened to the promise of the rule of law? Of predictability of outcomes? Of the value of hard work? Of integrity? Why are we now the Sick Man of Asia? The purpose of this study is to identify areas where democracy has failed us. shelter and the many other fundaments of living are neither provided for nor are the opportunities to reach them given. we aver that while these deficits are presented as segments. They are deficits in the relationship between the local government and the national government. 14 . Five decades later. They are deficits in governance. the Philippines not only copied many features of the US political structures.

Democratic Deficits in the Philippines: What is to be Done? Or. 15 . will it be old politics with new faces? It is hoped that this study may provide some guidelines for the new leadership in the three branches of government to be able to discern where we shall start mending and reengineering and streamlining as we tortuously and collectively decide that we no longer wish to be labeled the Sick Man of Asia.

the many demands of the citizenry will remain unarticulated and will find no voice in any of the instrumentalities of government. No one politician can promise to the electorate anything sans a political group/party backing him up. This will include the challenges of political parties/electoral reform. initiative. and impeachment are all enshrined in our fundamental law which gives every citizen not only the right to vote but also the right to oust its elected leader. the citizenry assumes that this promise will find realization in the legislators elected in Congress who will legislate along the promised ―eradication of poverty‖ of this political party.Democratic Deficits in the Philippines: What is to be Done? II. Political parties provide the crucial choices that democratic elections are supposed to engender.1 Political parties differ from other groups in their goal to get into positions of power and contest elections. A. corruption. then. local government-national government relations and the increasing politicization of the AFP and PNP. referendum.2 It is the political party which aggregates all the articulated interest of the citizenry. It is through political parties that such changes of leadership and policies may occur. committee participation and the like all require the backing of a political group or a coalition thereof. ratification of treaties. Absent the political parties. Political parties. are the main vehicles of democracy. It is the political party which brokers all the demands of the citizenry as they make known what they need in order to obtain the good life. Parliamentary procedures on delivering speeches. The power of recall. then. for example. The citizenry also signals to the elected leadership that sovereignty resides in the people and all government authority emanates form the people. Political parties through their party platforms promise the electorate a certain way of governing. therefore. the number required will be either 16 . Political Parties/Electoral Reform Role of Political Parties in a Democracy Political parties are so central to the life of any democracy. DEMOCRATIC INSTITUTIONS This chapter will present the democratic deficits in the area of democratic institutions. impeachment cases. political dynasties. initiating legislation. if one political party promises that eradication of poverty is the keystone of its government program once elected. rule of law and justice reform. Democracy is underpinned by the principle of periodic changes of leadership. Important committee chairmanships and memberships are distributed along party strengths. In some important cases like the declaration of a state of war. no ordinary law may pass without a majority of votes of its members. In the 24-member Senate and the 248-member House of Representatives. Thus. puts it along some form that can be translated into policies.

communist. namely.Democratic Deficits in the Philippines: What is to be Done? two-thirds or three-fourths of the entire membership of the legislature. They are dormant much of the time. Randolph David who describes the nature of political parties in the Philippines as follows: Our political parties are incoherent and unstable. pluralist. They promote no distinctive visions or programs. reformist. A leader with no funds of his own to dispense will be unable to hold the party together. This is how important political parties are in the life of our democracy. local. a Filipino scholar. dictatorial. Since the 16th century. according to adherence to set of beliefs or principles: nationalist. has classified parties into five types.5 A brief note on history. what is the nature of political parties in the Philippines? Luzviminda Tangcangco. territorial or inter-territorial. under United States for nearly 50 years and a brief 4 years of Japanese Occupation during the US Commonwealth period prior to independence in 1946. ideological. the Philippines experienced three waves of colonization. They expect the party to financially support them.4 Perhaps. regional. according to membership: elite. under Spain for nearly 400 years. The leader of the party is usually the one who can fund its electoral participation. Thus. They have no sustained programs for recruiting and nurturing new leaders. Both Spain and America took advantage of the existing local administration at the time of occupation and both coopted the local leaders through vast 17 . cadre. according to orientation and goals of group and group activities: power oriented and policy oriented parties and parties of action or parties of expression. no one lone candidate running as an ―independent‖ can ever succeed in delivering on any of his electoral promises unless there is a political group/party or coalition backing him up. They have no enduring organizational identities and no clear constituencies. sometimes. mass. confessional or religious. according to type of leadership style: charismatic or personality. coming alive only during elections. no one can best describe Philippine political parties than noted sociologist Prof. even ethnic or tribal. Party members do not pay regular dues to fund party operations. Philippine political parties are really brand names whose current owners trade on a bit of history to give themselves a touch of stature. Their hold on their leaders and members is weak.3 Nature of Political Parties in the Philippines Given all the foregoing. as follows:      according to political subdivisions and structures: national.

the oligarchy which Spain and America cultivated and nurtured eventually became the kernel of the present political parties. 18 . Thus. Why is this so? Why are the elected representatives not compelled to follow a party line? The answer lies in the nature of the campaign dynamics. radio and other media exposures. the clear absence of a national strategy of all the present political parties is a major democratic deficit as it immediately defines the lacunae of sets of policies that the party will be guided by if and when it gets into position or power. their platforms merely a recitation of general principles. the political party members who have been elected will be hard pressed to follow a ―party line‖ because there is no defined ―party line. come voting time for legislation. Thus. The deleterious consequence of undifferentiated political platforms and programs is clear. In the absence of a national strategy and program of government as guidelines to action. They do not have dues-paying members and as noted earlier.Democratic Deficits in the Philippines: What is to be Done? landholdings grants and power sharing in the local realms. a political party leader usually banks on his own funds or relies on some business or other supporters for the campaign requirements of the party. Political parties in the Philippines are largely undifferentiated. one may not expect a party vote in many cases.‖6 In a later section. credulous and childlike. the voting citizens who have perceived certain promises of the candidates during the campaign period to be aligned with their demands will now expect these elected representatives to realize their promises in Congress or in the Executive positions to which they have been elected. Democratic Deficits of Political Parties in the Philippines What are the democratic deficits of Philippine political parties?7 The first deficit that we can identify is the deficit in accountability. The political parties which emerged prior to the grant of independence in 1946 were largely composed of landed elites which the United States encouraged as most of these colonial administrators believed that the masses were ―ignorant. In fact. Political parties are not continuing entities as they should be. After elections. we shall see how this historical antecedent coupled with the electoral system will contribute to the emergence of many political dynasties. little differing from each other and their programs of government often unarticulated in a comprehensive national strategy. the candidate who decides to be a member of a political party expects the party to finance his campaign and support him during the campaign period by financing his TV.‖ Thus.

Then. When this happens. So. Thus.8 What is the consequence of this kind of non-accountability in campaign finance? Clearly. the party members do not ―grow‖ into the party. Also. In some cases. Despite the campaign laws on campaign finance. Since the candidate is beholden only to the party leader. then. even the citizenry is hard pressed to make the parties accountable for the vague promises they made during the campaign period. come crunch time. then. changing political parties or crossing the aisle as in the British tradition does not lead to political suicide in the Philippine context. while there may be on paper a procedure for vetting candidates. it was reported that campaign financing is mostly sub rosa. The party leader. until next elections. we noted that all the platforms of political parties and their programs of government are not differentiated. may depart from the promised party program of government as the citizenry has little opportunity to compel compliance thereof.Democratic Deficits in the Philippines: What is to be Done? Loyalty is engendered to the party leader. Most times. what about the frequent changing of party colors of the candidates? This has been labeled ―turncoatism‖ and has been a fixture of the Philippine political landscape since independence. Why is political turncoatism so rampant? Recall the campaign finance we discussed earlier and the undifferentiated party platforms and programs. there is a huge democratic deficit here. We recall that since independence. the reporting of election related expenditures are pro forma where the Commission on Elections (COMELEC) has neither the capability to question nor to check the reports of each party on campaign spending. campaign contributions from business or even sometimes from foreign sources are directly given to the political party leader. Alas. The political party member easily transfers to another party where he thinks he will be more advantaged in many ways because there is no sanction linked to his changing party color. not to the party. we break the promise of democracy where the political party is supposed to be responsible for translating the demands of the electorate into decisions or policies. have changed their political parties and became ―guest candidates‖ of the other party. of course. In a study by Carlos on the dynamics of political parties. For one. where is accountability and responsibility here? Clearly. because political parties are not continuing organizations. in turn. three candidates for President. the elected party member is not compelled to vote according to a party line. Earlier. 19 . the turncoat even gains political capital and support when he changes parties. for the highest position of the land. when the time comes for crucial votes on major legislation. this affects both party discipline as well as accountability of the elected representative to the electorate who voted him to power. There is neither accounting nor auditing of campaign contributions.

the support for the candidate forthcoming from the political party should be clear. This also has links with party finances. What is to be done? Clearly. there must be clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much. How do we stop political turncoatism? Party loyalty can only be engendered by making the political life of the party member linked with his party membership. The political party must be the only lifeline of the party member so that his advance in politics must rely on the decisions made by his party leaders. There is no loyalty engendered by paying dues by members. far between and half-hearted at best. Where the political party member/candidate cannot be made accountable for the promises he made in behalf of his political party. Because party finance right now is basically controlled by the party leader. there is a need for several approaches to change the way political parties behave by changing the landscape within which they operate within the short. Whatever passes of continuing education and training of its members are few. (See Annex A for Political Party Reform Bill. What about party organization? What about party recruitment? What about party membership? What about continuing education and training of its members? All these are basically absent or merely pro forma as political parties become moribund as soon as elections are finished. for most parts. sets the rules… No one in the history of Philippine political parties has been made to pay for changing party color. then. There is a political party reform bill which failed to be legislated upon in the last Congress and which really needs to pass soon. the accountability is clear. Party finance reform can also be legislated upon as it is being done at the time of this writing. democracy is seriously compromised. They will be revived or resurrected only when election comes.to medium-term. when the political party asks the party member to vote according to what the party dictates. As they say. This way. there is no opportunity for serious and active recruitment of younger members who will grow into the organization. then.Democratic Deficits in the Philippines: What is to be Done? determining who will run in what constituencies. these decisions are made only by few party ―big guns‖ if not made by the paymaster who is the party leader who controls all the funds. then.) What it may stipulate is better accounting of party funds as well as matching government support 20 . The implications for party accountability and responsibility are crucial to any democracy. Political parties must have clear ways by which they finance their campaign and other activities and where government financing is absent. Meanwhile. whoever has the gold.

000 inhabitants.Democratic Deficits in the Philippines: What is to be Done? for recognized and registered political parties. Note that in a parliamentary system. the campaign period is an excruciating 90 days for the President. as in the case of Great Britain. The election period need not be 90 days as it is presently because no one will run for a national position. What about the present party list system? In the 2010 election as of this writing. on the average. This will be discussed at length in a later section of this chapter. And. the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day. The one who will become Prime Minister under a parliamentary system runs as a regular member of parliament in his electoral constituency. This accounted for the nearly two feet of ballot that will be used for the election on May 10. we should also consider changing the system of government from the presidential form to a parliamentary one. a political party member who has not been disciplined before will more likely be disciplined by his party members because the life of the political party relies on the continuing loyalty of the party members. New elections may bring about new majorities or new coalitions.107 islands of our archipelago is a gargantuan task not only requiring tremendous funding but huge logistical challenges. This is expected to bring about many. many changes in the party system. elections may happen anytime the government of the day gets a vote of ―no confidence‖ and is thrown out of office. As we can see. there were 187 party list groups which were registered with the COMELEC. we may be able to compel party loyalty and we reduce the campaign period and even reform campaign financing. This is also one way of limiting election expenses during campaign. How did this huge number of party list groups come about? 21 . Given this stricture. 2010. what about the election campaign period? Under present election rules. And. The requirements of having to campaign all over the 7. then. when we shift to a parliamentary system. a major source of corruption later. Vice President and the members of Congress and 30 days for local positions. the parliamentary system is definitely party government. And. The period for campaign should be radically shortened to 60 days for the national positions and 30 days for the local positions. Thus. In a parliamentary set-up. Concomitant electoral and legislative rules may also compel party members to stick not only to party lines but also not to cross the aisle or change political parties. the election period can easily be truncated to three weeks which is just enough time for the candidate to go around his electoral district which consists of about 250.

Democratic Deficits in the Philippines: What is to be Done? Some historical background is in order. even with 20 percent of the seats granted to the party list groups under the present election laws. Thus. During the martial law regime in the administration of President Ferdinand Marcos. Since the COMELEC officials themselves were not guided by clear rules or definitions about who are ―marginalized. As it is practiced in Germany. many groups claiming to be ―marginalized‖ sought accreditation with the COMELEC. In a single member district system using the first past the post system of plurality. Each political party submits to the federal election body the party list containing an ordinal list of party members in advance of the elections. the COMELEC may again be confronted with the conundrum of having to go through so many groups who deem themselves marginalized and getting them accredited. the voter casts two votes. the party list was adopted which was a two-vote system for an individual party candidate and a political party. Then. if we amend the present party list law to reflect its real intent as seen in the German experience. one for the individual and another for the political party. parties getting so many thousands of votes for their candidates lose out in the number of seats they obtain. there was a clamor for the representation of ―marginal‖ groups for sectors which were perceived as not adequately represented by the then Batasang Pambansa or National Assembly. If this is not done before the next election. then. it will be quite difficult for even these groups voting collectively to vote in or vote out any bill for consideration in the house. the votes for the political party are added.) The party list system has wreaked havoc in our elections as so many. For a party to be eligible to sit through the party list. the party list as practiced elsewhere like in Germany was intended to prevent the democratic deficit arising from political parties losing seats yet getting votes disproportionate to the votes cast for its candidates. it should get 40 percent of the seats in the legislature. then. The mixed single member district and the proportional representation system reduces the misrepresentation that occurs when only the single member district is used. Evidently. Note that. the system is a mixed single member district and proportional representation system. (See Annex B for Party List Law. we would have less problems to grapple with come election time.‖ the number of groups included in the final ballot ballooned to 187 as it is now. Also. Thus. The party list system in the Philippines should be reformed along the German way of the party list. it is easy to see how many times. 22 . then. If the political party garners 40 percent of the total votes cast. This became the seed of what eventually became the Party List law which allowed so called marginalized groups to be represented in the Philippine Congress if they obtain two percent (2%) of the total votes cast so long as they do not exceed 30 percent of the total number of seats in Congress. it must elect at least 3 candidates through the single member district system by plurality.

The empirical evidence. We have seen the deleterious effect of this where the Vice President belongs to another political party and is left simply as a ―spare tire‖ and effectively sidetracked while waiting for the President to be incapacitated or to die. too. what happened to the party line? What happened to the election promises which now have been buried in the Realpolitik of the numbers in the House? Then. So. the requirement for the election of the members of the Senate nationwide continues the onerous need for tremendous amount of money for campaign funds and for special interests to be catered to as a result of such ―obligations‖ for payback after elections. is mixed in regard to long terms of the Chief Executive. the Vice Presidency will not be necessary. Fourth. in a parliamentary system. Because the President cannot be re-elected. because of this power configuration. This situation becomes a compelling reason for the adoption of a parliamentary system. Think of the wastage both of expertise of the Vice President as well as the allocation of a big budget of his office only to be a waiting post. Third. in regard to the tenure of the President vis-à-vis the tenure of the members of the House of Representatives.100 days which demands will certainly go beyond 6 years in its implementation. this may be the appropriate time to consider the various institutional challenges of our democracy altogether. here we have a President with a fixed 6-year term without re-election having to work with a lower house which has a term only of 3 years . however. Indeed. it is not surprising that many of the minority party members will now do a collective swearing in to the party in power so they can gain in the largesse of a majority party who is able to make decisions on the allocation/release of the pork barrel and committee chairmanships and memberships. First. Second. the members of the House of Representatives could not but kowtow to the President since the latter has a 6-year term and the former have to be re-elected for another 3-year term.Democratic Deficits in the Philippines: What is to be Done? Since we have noted the possibility of considering the parliamentary system. consider further the demands on the presidency which has only 6 years or about 2. it is possible for one to just sail along since there is no more incentive to perform because of the no re-election rule. 23 . Either we change to an election system where the two top executives are elected as a team or we altogether remove the Vice Presidential position. we have a system where the Vice President is elected separately from the President. Given the rampant turncoatism among the party members. The abolition of the Senate may be seriously considered and the reversion to a one-chamber legislature should be considered.

Finally. Further. many bills which should be the subject of legislation are not able to pass because the political party system is broken and there is no party line and there is no concomitant party accountability. Sixth. we have noted that the party list as it is practiced today has departed quite far from what it should be as part of a proportional representation solution to the underrepresentation in the legislature. Alas. in a parliamentary system. House rules and procedures become hostage to the numerical configuration in the House never mind the election promises and never mind the bigger challenge of changing things through legislation. the support for the candidate forthcoming from the political party should be clear Institute clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much Pass the Political Party Reform Bill into law for better accounting. matching government support for recognized and registered political parties. Again. This can be part of the electoral reform that has been noted in another section in this chapter. Committee chairmanships and members. governments will flourish or be forced to resign on a vote of confidence dependent on whether they respond to the needs of their constituency. in the present system. and limiting election expenses Radically shorten the election campaign period to 60 days for the national positions and 30 days for the local positions    24 . there is no way such accountability can happen because political party members change political color depending on expediencies. Recap of “What is to be done?”   Link the political life of the party member with his party membership so that his advance in politics must rely on the decisions made by his party leaders Require political parties to have clear ways by which they finance their campaign and other activities and where government financing is absent.Democratic Deficits in the Philippines: What is to be Done? Fifth. within the House of Representatives. where there is no party majority and where coalitions at best are resorted to. in regard to campaign finance. we have noted elsewhere the party list anomaly where the number of marginalized groups has become so many and the COMELEC is hard pressed to define who the marginalized groups are. there should also be a change here where the government shares in the campaign finance as a proportion of the votes received by the political party in the previous election.

the major bane of democracy is that each one of us votes to benefit and not to deliberately harm ourselves.9 The problem is that many of the members of congress will directly be affected by the passage of this anti-dynasty bill as many are brothers. election requires tremendous resources which resources become the advantage of the incumbent. In principle. Unfortunately. given the many economic.Democratic Deficits in the Philippines: What is to be Done?  Reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party as part of a proportional representation solution Change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day. Despite the term limits of three terms for members of the House of Representatives and two terms for the members of the Senate. Political Dynasties Prohibition on Political Dynasties Article II. sisters. not enough of us can go beyond our self-interest and vote for the interest of the bigger whole. compel party loyalty.‖ Given this constitutional stipulation. by shifting to a parliamentary system. As noted in the previous section. reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election B. sons. Many sessions in Congress reportedly failed to take up any anti-dynasty bill as it is invariably referred to the Committee on Electoral Reform which effectively kills it. husbands of other elected officials. no one Congress has been successful in passing an anti-dynasty law to put flesh to this constitutional right to equal opportunity to serve. the requirement for a level playing field for any one candidate is violated many times. Indeed. wives. an anti-dynasty law may be considered antithetical to democracy which enshrines the right of every one to vote and to be voted upon. the relatives of those earlier elected clearly have an advantage when they replace the incumbents.  25 . section 26 of our constitution states that ―The state shall guarantee equal access to opportunities for public service and prohibit political dynasties…. we will be able to overcome the many complications present in a presidential form of government. However. cultural and legal environments of our elections. daughters.

Democratic Deficits in the Philippines: What is to be Done? What is to be done? Because of the difficulty of passing an anti-dynasty law, it may be better if we level the playing field giving everyone the opportunity to render public service in the area of electoral reform within the short- to medium-term. We have given some recommendations on reform of campaign finance which is now crucial to ensuring that not only the more endowed financially can contest our elections. Then, the reform of the political party is also in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two-ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. More strict laws sanctioning corruption and misuse of public resources are taken up in a later section on corruption. Then, too, the notion of ―good dynasties,‖ which is an oxymoron, goes against the need for periodic changes of leadership and not simply periodic changes of faces with the same names. This clearly is a democratic deficit. Alfred McCoy who wrote a monumental study on elite politics in the Philippines has correctly diagnosed the challenge thus: …the Philippine executive has, as an institution, compromised the integrity of the bureaucracy and allowed the privatization of public resources. Over the long term, then, we can conclude that such policies weaken the state and empower elite families, ultimately limiting the capacity of the bureaucracy to direct entrepreneurs and lead the country‘s development. Through this particular interaction between strong families and weak state, the Philippine economy has declined markedly compared with its neighbors in eastern Asia. In South Korea, Singapore and Thailand, the state has played an active role in national development, avoiding the arbitrary and ultimately destructive partisanship rampant in the Philippines. Such a system leaves an ambiguous legacy. By fusing politics and business, elite Filipino families have proved adept and aggressive at rent seeking, subverting public institutions to promote private accumulation. After a century, these political families have accumulated sufficient power, prestige, skill and wealth to perpetuate a system that serves its interests. Indeed, any attempt to use the state to restrain these elites may, as it did in the Marcos era, merely mask a partisan attack by new, even more avaricious families. This subversion of the public wealth in the service of private, familial wealth may be a corruption under the law but it is also the dominant feature of politics as practiced in the Philippines. (emphasis ours)10

26

Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Level the playing field through reform of campaign finance by reallocating resources and giving opportunities to less financially endowed but capable candidates to enter the political arena Reform of the political party in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources Pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on corruption) C. Rule of Law and Justice Reform Rule of Law in the Philippine Context Retired Chief Justice Hilario G. Davide, Jr. (who later became Permanent Representative to the United Nations) defined the scope of the rule of law based on the United Nations definition: From the United Nations definition of the Rule of Law, which includes, inter alia, these universal principles of: laws publicly promulgated, equally enforced and independently adjudicated and which are consistent with international human rights norms and standards; supremacy of law; equality before the law; accountability to the law; fairness in the application of the law; legal certainty; avoidance of arbitrariness, and procedural and legal transparency, it is abundantly clear that an independent, effective and efficient judiciary is indispensable to the protection, promotion and enhancement of the Rule of Law.11 Then Justice Artemio Panganiban (who later became Chief Justice) clearly explains the context of rule of law in the Philippines: The 1987 Philippine Constitution guarantees the independence and integrity of the Philippine Judiciary by placing it on equal footing as our lawmaking body (Congress) and law-executing official (the President). Our fundamental law has given our Supreme Court not only the final authority to review and correct errors of all courts in the country, but has also mandated this Court to nullify any act of any branch or official of the government -- including that of the legislative or executive department -- when that act has been done with ―grave abuse of discretion.‖

27

Democratic Deficits in the Philippines: What is to be Done? The security of tenure of all judges, from the lowest to the highest courts, is guaranteed by our Constitution. On condition of good behavior, all our magistrates serve until they reach the age of 70, without any extension. Only by the tedious process of impeachment may the members of the Supreme Court be removed; while only for cause duly proven -- and only by the Supreme Court, not by the President or Congress -- may all other lower court judges be removed from office or otherwise disciplined. Moreover, the judiciary is constitutionally granted fiscal independence in two ways: (a) the salaries of members of the bench cannot be decreased during their terms of office, and (b) the appropriation for the entire judiciary cannot be decreased by Congress below that for the previous year. Once approved, the judiciary budget shall be ―automatically and regularly released‖ to the Supreme Court. The Supreme Court, not Congress, prepares and promulgates rules of procedure and evidence in all courts in our country. Also, the Court decrees rules ―concerning the protection and enforcement of constitutional rights,‖ a prerogative that is quasi-legislative in character. Moreover, it controls admission to the practice of law; for this reason, it conducts the annual bar examinations. It is also empowered to discipline, suspend or disbar lawyers.12 Rule of law is the basis for achieving justice and can be effectively used to advance national development through effective public administration.13 However, it should be noted that the rule of law is upheld and supported by the complex justice system in the country, not solely by the judicial branch: The judiciary is the branch of government tasked with interpreting laws and determining their application in actual disputes. As such, it is the branch most visibly engaged in justice administration. This is why the justice system is sometimes thought to be synonymous with the judiciary, even if it is not the only government branch engaged in the administration of justice.14 The latest study of the Asian Development Bank captures how the justice system in the Philippines is configured (See also Table 1): The justice system of the Philippines is a sophisticated network of government branches, agencies, and offices for dispute resolution, investigation, prosecution, police action, and correction and rehabilitation of offenders. No one government branch or office performs all of the above functions…. The legislative, judicial, and executive branches of government, as well as independent justice sector agencies created by the Constitution or other laws, all participate in the administration of justice.

28

Democratic Deficits in the Philippines: What is to be Done? Since it is not the province of a single government branch, justice administration requires cooperation and coordination among government branches to proceed effectively and efficiently. However, achieving cooperation and coordination is a challenge. The country adopted a government that operates under a system of checks and balances, so that each branch ensures that the others do not abuse their powers. In addition, commissions and agencies independent of all government branches have been set up as further checks on government abuse. Such a system comes with the risk that justice administration agencies will relate to each other in an adversarial—rather than a cooperative—fashion.15 Table 1 The Philippine Justice Sector16 Office Branch of Government Courts Judicial Branch Quasi-judicial bodies Executive Branch (including National Labor Relations Commission) and administrative agencies with quasi-judicial functions (such as Presidential Anti-Graft Commission) Barangay Justice System Executive Branch (Department of the Interior and Local Government) National Commission on Executive Branch (Office of the Indigenous Peoples President) Commercial arbitration and Framework set by legislature, other alternative dispute implementing rules to be set by resolution mechanisms Department of Justice, corresponding rules to be adopted by judiciary Juvenile Justice System on Executive Branch Diversion (local social welfare and development departments, barangays, law enforcement officers, prosecutors) National Prosecution Service Executive Branch (Department of Justice) Office of the Solicitor General Executive Branch (Department of Justice) Ombudsman Independent Constitutional Commission Commission on Elections Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Ombudsman Independent Constitutional Commission Anti-Money Laundering Independent financial intelligence unit Council Presidential Anti-Graft Executive Branch

Function Dispute Resolution

 

  

Prosecution

        

Law Enforcement: Investigation

29

former President Joseph Estrada‘s trial for plunder. Lao. Background Note on the Justice Sector. there are many examples from the local level to the national level of how the rule of law has been simply challenged.Democratic Deficits in the Philippines: What is to be Done? Commission  Various executive and administrative agencies  Philippine National Police  National Bureau of Investigation  Philippine Drug Enforcement Agency  Other law enforcement agencies and agencies with power to arrest and effect searches and seizures  Public Attorney‘s Office  Bureau of Corrections  Parole and Probation Administration  Bureau of Jail Management and Penology and Philippine National Police-supervised jails  Provincial Jails  Department of Social Welfare and Development  Local government units Law Enactment  Senate  House of Representatives Executive Branch Executive Branch (National Police Commission and Department of the Interior and Local Government) Executive Branch (Department of Justice) Executive Branch (Office of the President) Executive Branch Law Enforcement: Police Action Public Defense Corrections Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of the Interior and Local Government) Executive Branch (local government units) Executive Branch (Department of Social Welfare and Development) Executive Branch (local government unit) Legislative Branch Legislative Branch Source: Christine V. In the Philippines. disregarded or even disrespected—politics in the province of Abra. the power of the President to appoint the next Chief 30 . Challenges to the Rule of Law Respect for the rule of law has been a growing issue in developing and under developed countries where human rights issues and the need for dispute resolution mechanisms are the main concerns of the judiciary in those countries. 2007. the Maguindanao massacre and the ongoing trial of the Ampatuans.

and the various factors impinging on the decision-making processes in the Supreme Court as well as the Judicial and Bar Council. the load of the courts is still overwhelming. Philippine substantive law traces its origins to the substantive law of Spain. it had a PhP10. While there have been some improvements in the disposition of cases. the lower courts must decide a case in 90 days after submission for decision. Under the Rules of Court. in turn. The triggers may either be internal or external to the government and socio-cultural or political in nature.) These examples show that the rule of law is circumvented when one or more institutions fail to implement and enforce appropriate laws. The new Civil Code and Revised Penal Code are basically of Spanish origin. outdated equipment.17 In terms of resources at its disposal.19 The Shari‘a justice system has its share of unique challenges. Case disposition is a major indicator of the efficiency of the dispensation of justice. however. varying degrees of incompetence due to lack of information flow and training. complexity of procedural rules.274. inadequacies of trial lawyers. which in turn was shaped by Roman law. Challenges to the Philippine Justice System Closely related to the rule of law is the justice system. population increase with accompanying socio-economic problems. particularly the long delays in resolving cases. The procedural laws and commercial laws.18 This means inadequate pay incentives. the lack of legal aid for poor litigants. and Islamic system. The Code of Muslim Personal Laws is influenced by the Islamic legal system.Democratic Deficits in the Philippines: What is to be Done? Justice of the Supreme Court.000. and absence of limits in other government agencies to act on cases filed further compound the problem of heavy caseload. lack of courtrooms and other unanswered infrastructure needs.798.) Marites Danguilan Vitug summarizes statistics on the Philippine judiciary. piecemeal trial system. (See Annex D for a detailed discussion of the Challenges to the Philippine Justice System. is based on the common law system. The Philippine legal system is a melting pot of three legal systems in the world: The Philippine legal system bears significant influences of three major legal systems: the Roman system. common law system. this way: 31 . or when the system of checks and balances is undermined. The vacancies in the judiciary.81% of government spending.00 that represents 0. the Philippine Judiciary does not have much compared to the other agencies of the executive branch—in 2008. are influenced by and/or are copied from American law that. (See Annex C for a detailed discussion of these various examples of Challenges to the Rule of Law.

and maintain public confidence. as wells as of the more complex and increasing number of human activities that result in legal cases.998) lodged in the regional trial courts. the core values of the rule of law. and the pursuit of excellence should be preserved and at all times be predominant.770. reforms were initiated and vigorously pursued under the leadership of then Chief Justice Hilario G. But.7 judges for every 100. in 2008. Davide.000 cases.20 Overall. was . accessible and cost-effective legal service to the people and is willing and able to answer the call to public service. It was highest in the Shari‘a district and circuit courts. and the seeds of such reform were contained in document entitled. ―The Davide Watch: Leading The Philippine Judiciary and the Legal Profession Towards the Third Millennium. the development of the Philippine judiciary has not kept abreast of the growth of the Philippine population.455 in December 2008.Democratic Deficits in the Philippines: What is to be Done? The statistics are dire:  The judiciary‘s share of the total budget. Considering the many challenges to the Philippine Judiciary. It declares that the administration of justice must be geared to achieve the goal of delivering fair. at all times it must be truly independent. and the guardian of the Rule of Law.88%. judicial independence. Hence. the last bulwark of democracy.286 cases (excluding the Supreme Court) as of 2007.  The backlogs were tremendous: 695. there were 642. The figures would translate to something roughly like this: every judge wrestles with more or less 30. we note that concrete steps are being taken to address this challenge.  As of August 2009. Jr.  The vacancy rate of judges and Justices in the first and second-level courts as of April 2009 was 23. effective and efficient and worthy of public trust and confidence and a legal profession that provides quality. with most (356.213 cases pending in the courts (except the Supreme Court). the document ―envisions a judiciary that is independent.000 persons. impartial and swift justice.  As of December 2007. this fell slightly to 6.81% or less than 1% of the whole pie. ethical. Hence. equal justice. 32 .‖21 Davide further explained: I have always maintained that the judiciary is the protector of the rights and freedoms of the people.693. Thus the courts are inundated with work and backlogs are overwhelming.” According to Davide. followed by municipal circuit trial courts and metropolitan trial courts. All these show that there is no match between the number of judges and Justices and the pending cases.  There are 2. Pursuit of excellence demands that judges and court personnel are not only qualified. pending cases before the Supreme Court numbered 6. discharge its duties effectively and efficiently.  The total number of judges and Justices as of 2008 was 1.

The APJR is composed of six major components. chapter on Social and Economic Systems). It as essentially been continued by the succeeding Chief Justices Artemio Panganiban and Reynato Puno. 33 . the High Court had not taken this step forward. chapter on Social and Economic Systems): As Chief Justice.22 Justice Davide initiated what has been dubbed as the most comprehensive reform package for the Philippine Judiciary—the Action Program for Judicial Reform (APJR). I underscore unprecedented because. and men of honesty and integrity. I thought that the Supreme Court. (5) Access to Justice by the Poor component. I do not know of any other country in the world that has enjoyed similar global assistance for the modernization of its judicial system. Thus. and the Rule of Law Effectiveness (or ROLE). in its more than 100 years of its existence. Canada. (2) Institutions Development component. The APJR has had some measure of success which may be attributed to the substantial support it has received from various countries and international aid agencies. in which we called on all the significant stakeholders of the justice system to find solutions to the embarrassing extrajudicial killings and enforced disappearances. Japan. (6) Reform Support Systems component. the Supreme Court has promulgated several writs in support of the rule of law. the European Union (EU) and the Asian Development Bank (ADB). funding grants from national aid agencies of several countries including Australia. Writ of Kalikasan (discussed in the section on Environment.Democratic Deficits in the Philippines: What is to be Done? competent. (3) Human Resource Development component. and the United States. Great Britain. namely: (1) Judicial Systems and Procedures component. they must perform their duties with passion and dedication to fulfill the public trust character of their office. Writ of Continuing Mandamus and landmark decisions on landmark decisions on the Ancestral Domain Agreement on the Bangsamoro Juridical Entity and the clean-up of Manila Bay by the government (discussed in the section on Environment. the Netherlands. as well as assistance from private donor organizations like The Asia Foundation. I initiated an unprecedented summit. Justice Panganiban notes that the APJR ―has become a model for developing countries‖ and ―has earned the support of all major multilateral developmental institutions: …like the United Nations Development Program (UNDP). the World Bank (WB). with all its expanded powers. in 2007. the American Bar Association-Asia Law Initiative. consisting of the Writ of Amparo. Writ of Habeas Data.23 During the tenure of Chief Justice Reynato Puno from 2006 to 2010. could not remain passive vis-à-vis these continuing assaults on the human rights of our people. (4) Institutional Integrity Development component.

the shroud of mystery that veils its processes will be no more.000 cases have been resolved by these Small Claims Courts. Statistics show that today our people make use of the Writ of Amparo more than the Writ of Habeas Corpus. It should involve the entire justice sector. From its experimental launch in October 2008. The success of these two writs cannot be gainsaid. Without that Decision. the Supreme Court launched the Small Claims Courts with special rules to govern them. If they continue to succeed — and there is no reason they will not — these Small Claims Courts could completely unclog the dockets in our first and second Level Courts in two or three years time. 34 . …to help the poor who are involved in petty civil cases. informal. Hopefully. and no more will be the public misunderstandings of its procedure. knitted foreheads. the Philippines would have been dismembered.Democratic Deficits in the Philippines: What is to be Done? The call raised eyebrows.24 What is to be done? Ongoing reform efforts in the Philippine justice system must be holistic and comprehensive if we would like the entire justice system to perform in concert. These two remedial writs have given a substantial shield to our people whose right to life. and even the larger society. But I am glad that my colleagues in the High Court supported the summit. …I am glad that after more than one hundred years of its existence. some 4. There are common threads of justice reform in previous studies that we recommend that the government should consider as it undertakes such a herculean task (See also Annex E for Asian Development Bank and World Bank Perspectives on Justice Reform): Justice reform should be participatory. if only because they will lend greater transparency to the inner workings of the High Court. which some suspected would just be another idle talkfest. The rules governing these claims are simple. …our Decision annulling the controversial Memorandum of Agreement – Ancestral Domain Agreement between the Republic and the Moro Islamic Liberation Front. and gave rise to a lot of question marks. or threatened with violation. the Supreme Court was able to promulgate its Internal Rules before the end of my term. The summit gave birth to the Writ of Amparo and the Writ of Habeas Data.000. liberty or security is violated. international aid agencies and the international community. we have launched the Small Claims Courts nationwide. including agencies in the executive and legislative branches of government. These Internal Rules are important. inexpensive and fast. in which the amount in question is not more than P100. a ponencia of Madam Justice Conchita Carpio Morales. Spurred by their success. by an unlawful act or omission of a public official or employee or of a private individual or entity.

many crimes against property would no longer be brought before the regional trial courts as they would already be resolved at the level of metropolitan and municipal trial courts. including the so-called five pillars of the justice system. Inc. Legislation is also needed. sustainability and flexibility. to abolish the crimes of prostitution.25 Need for rationalized and coordinated law enforcement We support the recommendation of CPRM Consultants. unjust vexation. NBI and other police agencies which will store data on crime offenders. The 35 . The integrated system will have the following system components: a) Crime management information system of PNP. This can be carried out in the medium-term: A deeper study to decriminalize and de-penalize certain offenses where there is no specific offended party is necessary to improve the adjudication process. We advance and support the following recommendations covering the various aspects of reform in the justice sector. The codification of criminal law is also proposed. vagrancy.26 We support the recommendation to design and adopt an integrated criminal justice information system which may be carried out in the medium-term: The design and installation of an integrated criminal justice information system that will link crime and case information across the pillars is recommended.Democratic Deficits in the Philippines: What is to be Done? Justice reform should cover the various aspects of governance—a consistent legal framework. 22 (Bouncing Checks Law) must likewise be studied. and other crime indicators. a disciplinary regime. Justice reform requires inspired leadership by the Chief Justice in order to follow-through the various reform measures in the long-term. simple disobedience to an agent or a person of authority. crimes. and traffic violations. causing alarms and scandals. and so is the adjustment in the threshold amounts with regard to crimes against property under the Revised Penal Code. for instance. If the Code is amended. failure to render assistance of or assume public office. competitive compensation for human resources. premature marriages. The amendment of Batas Pambansa Blg. resource generation and management. to decriminalize certain offenses under the Revised Penal Code and special laws and codification of criminal law. Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government.

case documentation and 36 . interrogation procedures.27 We support the recommendation to adopt a holistic approach to the improvement of the crime investigation system of the police which may be implemented in the medium-term: Improving the overall capacities of the police for crime investigation will require a holistic approach that will involve the following: a) Improving and integrating police manuals into one manual for police operations. c) Court case management system which will provide information and management support required in the management of caseload and case management by judges and clerks of courts. b) Modernizing the crime laboratory. their conditions. status and activities and other relevant information. including among others specific improvements on investigation procedures. and rules on evidence. crime mapping. eyewitness identification procedures. e) Improving case documentation procedures and skills in police report preparation. b) Prosecution system which will contain a case management information system that will support the management of specific cases and overall caseload. and crime analysis. The outsourcing of scientific analysis of evidence should be considered to improve efficiency and strengthen independence of the process. d) Establishing mechanisms to ensure that prosecutors get all the evidence. c) Strengthening the independence of crime investigations and the analysis of evidence and providing institutional mechanisms for insulating these. interrogation and field investigation. e) Criminal justice information sharing system which will allow exchange of information across the pillars within the bounds of disclosure policies. The development of crime classification and crime indicators will be necessary in establishing the criminal justice information system. arrest. d) Jail management information system which will provide information and management tools in tracking prisoners. f) Strengthening the curricula and teaching technologies in PPSC on crime scene investigation.Democratic Deficits in the Philippines: What is to be Done? system will also support police operations by allowing information sharing to facilitate tracking of suspects and cases. improving its capacity for scientific analysis of crime case evidence.

29 Need to strengthen the prosecution agencies We support the recommendation to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy which may be done in the long-term: Consider establishing an independent National Prosecution Service. improve overall coherence and efficiency. together with the operationalization of reforms in judicial 37 . thus removing duplicative overhead expenditures and conflicting jurisdictions. k) Piloting these and other institutional reforms at the police station level and creating pilot model police stations28. and clarify accountability. overlapping. reintegrate police functions. We support the recommendation to remove duplication. i) Developing peer to peer and office dialogue mechanisms for regular and collective analyses of crime cases and for information and experience sharing. and d) Defining the role of local governments in policing. Mastery of the police manual should be a precondition for completion of the training and education program. b) Reintegrating specialized crime agencies into the regular police force. g) Improving the remuneration of the police force as a way of strengthening their insulation from undue politicization and corruption. and witnessing in courts. and remove institutionalized politicization of the police which can all be done in the long-term because of the high degree of difficulty of this endeavor: In order to conserve severely limited budget resources. c) Reintegrating police powers and functions now assigned to more than 30 national government agencies to a reorganized PNP/NBI.Democratic Deficits in the Philippines: What is to be Done? reporting. proliferation and fragmentation of law enforcement functions. a system-wide rationalization of police institutions should be undertaken through the following measures: a) Removing duplication of functions and jurisdictions between the National Bureau of Investigation (NBI) and the Philippine National Police (PNP). j) Focusing policemen on just doing police work and not deploying them as body guards of important people. h) Improving the resources and facilities of court stations and their services to vulnerable groups. and PNP/NBI.

The implementation of judicial independence reforms include the adoption of a one-line item budget which should be automatically and fully released by removing transactional requirements. This can be carried out in the short-term. organization and staffing. Caseload fluctuations can be addressed by adopting some flexible prosecutor deployment and tenure mechanisms which may include outsourcing prosecutors and providing legal research staff to prosecutors. The criteria for the determination of the appropriate number of prosecutors should be established based on caseload. The parameters for the independence of the prosecution and police must be defined while operating within the reasonable bounds of existing administrative and financial management laws. and assumption by the Judiciary of the authority to determine the details of its budget. we are hopeful that concrete steps can be taken.Democratic Deficits in the Philippines: What is to be Done? independence. putting in place mechanisms for the objective determination and automatic remittance of LGU support to the courts. through deployment of law students as practicum.30 With the enactment of the Act Strengthening and Rationalizing the National Prosecution Service in April 2010. rules and regulations of the government. We also support the recommendation to strengthen the capacities of prosecution agencies—National Prosecution Service (NPS) and the Office of the Ombudsman: The government must strengthen the core capacities of prosecution agencies simply by providing more prosecutors to the National Prosecution Service (NPS) and the Office of the Ombudsman (OMB). and strengthen its independence. removing LGU authority over the internal administration of the police force. This will include addressing the following issues: removing negotiable and highly discretionary support from LGUs. improve access and efficiency. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. and removing NPS as an organic structure of the DOJ and establishing it as an independent agency. the government must improve the efficiency of expenditures for public defense by adopting among others good 38 . This may be implemented in the medium-term: Within severely limited budgetary resources. for example. These will require legislation and long-term development of institutional capacities as well as considerable political will. reintegrating authority to the PNP Chief to recruit. Need to reengineer the public defense system We support the recommendation to undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services.

law students and law practitioners to render free legal assistance to the poor and remote barangays. and f) Strengthening partnership mechanisms among the PAO.. c) Establishing PAO as an independent agency with some corporate powers. IBP and alternative law groups to improve geographical access of public defense services particularly in remote areas.31 Need to reengineer the corrections system We support the recommendation to reengineer the institutional framework of the corrections pillar. This may be implemented in the long-term: The preparation of a devolution plan for the correction system and the rationalization of its institutional framework within a devolution context are recommended. b) Refocusing the role of PAO from directly providing legal services to mobilizing and managing the country‘s resources for public defense. b) Streamlining the oversight agencies of national government by removing their delivery functions and strengthening their role in providing and enforcing standards. cities and municipalities the responsibility for the provision and maintenance of local jails. the courts. This may be done in the short-term: 39 . Such devolution program will involve: a) Transferring to provinces.g. c) Providing mechanisms for private sector participation in restorative justice and providing half way houses particularly for women and youth offenders.32 We also support the recommendation to amend the Probation Law to expand its coverage.Democratic Deficits in the Philippines: What is to be Done? governance framework and practices. devolve delivery while maintaining strong oversight. requiring all law firms. providing and enforcing service standards and providing technical assistance). d) Assigning public defense functions to LGUs (starting with high income LGUs) with PAO performing oversight roles and functions (e. e) Enacting a law. allowing it to mobilize private sector resources. A detailed review and reengineering of the social defense system is needed considering the following: a) Integrating all legal services of the national government into the Public Attorney‘s Office (PAO).

including the following: a. They will have stronger capacities to demand the provision of justice remedies thus strengthening the accountability of criminal justice institutions. Moreover. limited resources can be used to improve prison conditions and put in place mechanisms for restorative justice in local jails in partnership with LGUs. other related measures include: a) Integrating criminal justice teaching exemplars or subjects into the formal education system. IBP and alternative law organizations be formed immediately to coordinate the various legal aid providers in the country. civil society organizations and the communities. building on the gains of the CHR‘s teaching exemplars on human rights.34 Need to provide greater access to justice by the poor and disadvantaged We recommend that a joint committee of the Supreme Court. except in drug cases. Government agencies that provide legal aid to beneficiaries of a government program such as the Department of Agrarian Reform which has a special unit that helps farmers in land reform cases. as well as the provincial and subprovincial jails which manage their respective jail facilities.33 Need to educate communities We support the recommendation to popularize the law towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. if more offenders could benefit from probation. This will ease the severely congested penal facilities in the country and thereby contribute to the efficiency of the Bureau of Corrections in processing papers of inmates and its effectiveness in providing restorative justice programs. This will also lessen the caseload of the Bureau of Jail and Management and Penology. they could be persuaded to enter a guilty plea with the prospect of being put under probation instead of being imprisoned. the Philippine Overseas Employment Agency which provides legal aid to overseas Filipino workers. resulting in more criminal cases speedily disposed by the courts. the executive branch. national government agencies. Aside from the strategy of tapping the media to popularize the law.Democratic Deficits in the Philippines: What is to be Done? The coverage of the Probation Law could be expanded to include sentences of prision mayor medium. b) Integrating law popularization procedures in the legal assistance services of the government and private sector and in the Barangay Justice System. These may be carried out in the medium-term: The general public who are familiar with the law may be better able to support and be more cooperative with the police in solving crimes. With decongested local jails. and the Commission on Human 40 . This would also not only prevent but minimize appeals.

000 lawyers and has chapters in various parts of the country. While the elected barangay officials who serve as its members may be trained but the turnover on every election affects continuity. The IBP receives funding from the judiciary and each IBP chapter has a legal aid office for indigent litigants.Democratic Deficits in the Philippines: What is to be Done? Rights mandated by the Constitution of the Republic of the Philippines to extend legal assistance to the underprivileged whose rights have been violated or need protection (Section 18. We support the improvement and expansion of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts which are effective in decongesting court dockets and assisting poor litigants in resolving their cases.37 41 . and victims of human rights violations. Some alternative law organizations have internship programs for law student volunteers. d. Article XIII. c. This can be implemented in the short-term. peasants. b. Law schools that provide legal assistance to poor litigants such as the University of the Philippines College of Law which maintains the Office of Legal Aid catering to indigent clients.35 With the enactment of the Free Legal Assistance Act in 2010.36 The possibility of including respected members or elders from the community in the peace council should be studied.) We support the recommendation of the ADB to provide a regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System. research and advocacy for the defense and empowerment of disadvantaged sectors such as the urban poor. 1987 Constitution). The Integrated Bar of the Philippines (IBP) which is composed of about 40. draft legal documents. Alternative law organizations which are non-government organizations that provide legal assistance. workers. The coverage of ADR may also be expanded to include other types of cases that have not yet been included that do not involve physical violence. we hope that lawyers will indeed be encouraged to provide pro bono services to poor clients. indigenous peoples. and sector issues. These organizations address issues that are of public interest affecting communities or groups such as environment issues. Senior students of the College of Law dispense legal advice. prisoners. women and children. (See Annex F for complete text of the Free Legal Assistance Act of 2010. human rights. and represent litigants in legal proceedings.

Azcuna noted that: As part of the pilot implementation of the Justice on Wheels Project. or who wanted to be diverted or released on recognizance. The main purpose was to hear cases involving juveniles who wanted to plead guilty. we re-launched the Enhanced Justice on Wheels Program. or around 35 per cent of the total number of cases heard. These are mobile courts that go to the different jails in our country. 2004 to November 11. 2005. to expedite the trial of criminal cases in 42 .38 We support the expansion of the ―Justice on Wheels‖ program of the Supreme Court which aims to ―address the problem of jail congestion through the disposition of cases involving inmates. which were holding up to five times their designed capacities. then Associate Justice Adolfo S.Democratic Deficits in the Philippines: What is to be Done? We support the recommendation to assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system which may be carried out in the mediumterm: The Indigenous Peoples‘ Rights Act (RA 8371) gives due recognition to the indigenous peoples‘ justice system and the use of their own traditional methodologies and practices for conflict resolution. There is therefore a need to provide clear parameters on how these may be integrated and made compatible with the current legal system of government. common to these traditional practices is the participation of the community members in settling disputes. in fair or foul weather. In the initial implementation of the program. This strategy was intended to help decongest the various youth reception and detention centers within the Metro Manila area. While the justice system among the indigenous peoples varies in approaches and methodologies. the Mobile Court prioritized the hearing of cases of those who have been in detention for more than the maximum penalty for their particular cases. This was also aimed at decongesting the heavy caseloads of the designated Family Courts in Metro Manila. …in its 66 days of operation within the period December 20. including minors‖39 which may be carried out in the long-term. the Mobile Court was initially assigned to hear cases involving juveniles in conflict with the law. These traditional forms of justice should be reconciled with the national legal systems and internationally recognized human rights processes and with the penal code. juvenile detention facilities and jails in eight municipalities and cities in Metro Manila. Within the same period.40 The program has achieved the following as reported by Chief Justice Reynato Puno in his retirement speech: …to help the poor involved in criminal cases. the Justice on Wheels was able to hear a total of 1.126 cases and secure the release of 391 detainees. More importantly. the Justice on Wheels was able to visit several youth reception centers.

‖45 We support calls to implement the constitutional mandate for fiscal autonomy of the Philippine judiciary immediately: The implementation of the constitutional mandate for judicial fiscal autonomy must also be pursued. four.‖44 On the other hand.. the giving of free medical and dental assistance to 9. This may be carried out in the long-term. judicial competence can only be ensured through continuing judicial education main performed by the Philippine Judicial Academy (PhilJA). to have single terms for regular members of the Judicial and Bar Council (JBC) in order to reduce political manipulation. intellectual property courts.270 of them. the institutional capacity of the PhilJA remains a foremost concern in sustaining current efforts at judicial education because it taken on several assignments in addition to its mandated function. Need for judicial independence and fiscal autonomy We support recommendations to shield the Judicial and Bar Council from political manipulation which may be implemented in the medium-term. two differing proposals are worth considering and studying. Congress will have two. We support the proposal of the Supreme Court Appointments Watch (SCAW). as commercial courts.056 detainees.006 of their cases. former Chief Justice Artemio Panganiban suggested that the JBC members should be evenly appointed by the various government institutions—―the Supreme Court should appoint the three regular members while the President will appoint the private sector representative. Constitutional expert and Jesuit priest Joaquin Bernas proposed that the Senate. No sufficient and lawful justification can be made for the 43 . the giving of free legal aid to 2. as a whole.000 barangay officials and indigenous people on laws affecting them…41 Need for sustained judicial competence There is a need to rationalize the designation of certain courts as specialized tribunals because numerous courts have already been designated as such (i. a civil society watchdog.42 In such as context.Democratic Deficits in the Philippines: What is to be Done? which the accused are too poor to post bail for their liberty. perform the role of the Commission on Appointments such that ―Members of the confirming body would not be the privilege of a few but the prerogative of all senators…Giving the power to the Senate could assuage the discontent of many with the performance of the JBC. family courts. the successful mediation of some 5. However. On one hand. and the delivery of free lectures to some 15.43 To further shield the JBC from political manipulation. This enhanced Justice on Wheels has resulted in the following: the release of 3.545 inmates. and others). and the Supreme Court.e. Thus the President will have two representatives. without any increase in its human and financial resources since 1996.

Allowing anonymous complaints to encourage victims of judicial corruption must be considered. and enhanced capacity and skills of stakeholders. has shown some lessons to be learned about accounting and record-keeping systems that should be put in place in order to pass scrutiny by external entities. The Supreme Court has been active in disciplining judges but many cases of bribery and other illegal activities still go unreported because of fears of possible retribution. At the same time. especially economic laws. without having to worry about repercussions. This may include appropriate training for legislative staff members of Congress in drafting economic legislation and upgrading the capability of the Office of the Solicitor General in defending major policies and programs of the Government.46 Need for judicial transparency and accountability There are several recommendations addressing judicial transparency and accountability that may be implemented immediately. the liberal issuance by the courts of temporary restraining orders and other injunctive relief measures drew the most attention. While intended to minimize the possible adverse effects of one party‘s 44 .50 Recent judicial decisions and actions have also been widely criticized for creating a climate of unpredictability and uncertainty in the policy environment and commercial transactions.48 Judicial reform projects should be conducted through a participatory approach. Reporting mechanisms and processes may be designed to encourage lawyers and litigants to report erring judges and justices.Democratic Deficits in the Philippines: What is to be Done? president‘s insistence on retaining control over the Judiciary‘s fiscal affairs and budgetary resources. This may be done in the short-term: There is need for a comprehensive study of the implications of the power of judicial review on the ability of the Government to pursue national development goals in the context of recent Supreme Court rulings affecting national economic policies. Among these. improved performance and sustainability of programs. Among the benefits of having a more participative approach are the early buy-in of stakeholders.49 Need to evaluate the power of judicial review We support the recommendation of the ADB to conduct a comprehensive study of the implications of the power of judicial review. For the president to persist in doing so is tantamount to usurping a power constitutionally vested in the Judiciary. which put the legislature and the judiciary on a collision course.47 The crisis that besieged the Supreme Court in 2002 to 2003 in relation to the Judicial Development Fund. the policy formulation capability of Congress must be strengthened and the ability of the Government to defend its economic agenda must be enhanced. while at the same time filtering complaints intended only to harass judges and justices.

Democratic Deficits in the Philippines: What is to be Done? action on another‘s pending resolution of the legal controversy between them. marking for identification of evidence of the parties. This has discouraged many investors. In criminal cases. if not altogether avert the need for trial through alternative modes of settlement that may be reached by the parties during the pre-trial period. It is recommended that the Supreme Court adopt mechanisms for the monitoring of the implementation of pre-trial and the imposition of sanctions for noncompliance.51 Projects were delayed or altogether scrapped because of injunctive writs issued by trial courts. which will eventually be helpful in the trial stage. 8975) in 2000 that explicitly prohibits trial courts from issuing these orders against national government projects. the pre-trial conference is used to consider plea bargaining. This may be undertaken immediately by the judiciary: The review and amendment of the Rules of Court is necessary to further speed up. simplify and render more inexpensive the disposition of cases. Even government projects and programs are not spared from the pernicious effects of unrestrained issuance of temporary restraining orders. stipulation of facts. The review should consider the following improvements: 45 . The pre-trial conference provides for extensive use of discovery modes.52 Need to act on undue delays and large backlogs in the handling of cases This can be addressed in the short-term by adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial: This will require that a case management support tool be provided to judges in lower courts in order to manage their caseloads and the programming of trial hearings on the basis of continuous trials. and such matters that will promote fair and expeditious trial of the criminal and civil aspects of the case. despite the passage of a law (Republic Act No. both local and foreign.53 We support the recommendation to review and improve the rules of court. from partnering with the Government in development projects. It is also recommended that extensive practical training on procedures and case management tools within the context of continuous trials and the use of pre-trial be conducted by the Philippine Judicial Academy (PHILJA) together with an accompanying video presentation that should be produced as a teaching tool. the abuse in the issuance thereof has destroyed the reliability of contracts and predictability in the enforcement of obligations. waiver of objections to admissibility of evidence. A pre-trial conference which is efficiently and effectively administered by the judge should yield to a shorter trial period.

46 . and submitting draft orders and resolutions. c) Setting of fixed amounts of time for the presentation of evidence and cross examinations. inasmuch as it is very seldom that the peace officer is present during the commission of the crime which is the only instance when he could be considered to have personal knowledge thereof. k) Carving out more exemptions from the filing of bonds. prohibiting postponements. Rules of Criminal Procedure). b) Returning to decisions by the Supreme Court en banc in order to avoid conflicting decisions on same issue. using of affidavits in lieu of direct testimony of witnesses. d) Deputizing barangay officials to act as process servers because the cause of delay in preliminary investigation is the lack of adequate process servers. on warrantless arrest. so that warrant of arrest may be issued immediately for the detention of prime suspects of heinous crimes. e) Implementing electronic payment of legal fees. Rule 113.Democratic Deficits in the Philippines: What is to be Done? a) Limiting the period within which Judges of Municipal Trial Courts have to terminate the preliminary investigation of criminal cases. orders and notices. to shorten the time necessary to pen decisions. h) Reducing the grounds for motion to quash (presently. m) Shortening the filing period for several pleadings and abbreviating court processes by reducing direct testimonies. j) Finding probable cause by the prosecutors to be binding on the courts for purposes of proceeding with trial. which requires personal knowledge of facts on the part of the peace officers or private persons that the person to be arrested has committed the offense. and electronic delivery of summons. electronic case filing. l) Relaxing the Constitutional requirements for a judge to repeat all facts of a case in a decision. there are eight grounds for motion to quash – Section 3. i) Amending Section 5(b). f) Adopting teleconferencing as substitute to personal appearances of accused and witnesses. g) Authorizing law enforcement agents to file cases directly with the Metropolitan Trial Courts and/or Municipal Trial Courts in chartered cities. Rule 117.

This may be undertaken immediately: Prior studies provide recommendations on improving court jurisdictional structures in specific areas based on assessments of specific issues in these areas. although the experience of the pilot court annexed mediation units indicated that while case settlement rates are high. 47 . In view of this similarity of purpose and objective. identifying appropriate criteria to be used in the determination of time standards for specific types of cases. o) Reviewing the time standards provided in the rules of court and speedy trial act.Democratic Deficits in the Philippines: What is to be Done? n) Looking into the problems of language in court proceedings by studying the use of local dialects instead of English. a mandatory court-annexed mediation is being implemented in the lower courts and in the Court of Appeals. case congestion and delay. barangay justice system and the court-annexed mediation system. and p) Reviewing procedures for the litigation process for specific types of cases. Within the context of established jurisdictional delineations and operational processes. and overall coherence of the court system has moreover been recommended. Relatedly.54 We support the recommendation to review the jurisdictional structure of the courts. Similarly. These recommendations also include: (1) Reassigning jurisdiction on Sandiganbayan to the lower courts less complex corruption cases from (2) Reorganizing the distribution of case assignments in the Sandiganbayan by allowing individual justices to handle specific cases and selectively assigning cases to divisions and to the En Banc55 We support the recommendation to remove duplication and overlap and clearly define the operational delineation among pre-trial system. the strengthening of the Barangay Justice System and full implementation of the court-annexed mediation system must be undertaken as necessary measures for case decongestion and early dispute resolution. An assessment of the effects of the current court jurisdictional structure on geographical access. there is a need to study these discrete systems and clearly define their jurisdictions and operational delineation so that they can meaningfully contribute to case decongestion and delay reduction. judge capacity. referral rates of cases by judges are very low. during pre-trial. an attempt to arrive at an amicable settlement could be made. and establishing time standards for case types. This may be done in the short-term: Judges argue that cases that have passed through the Barangay Justice System do not require pre-trial.

Reform should be driven by rule of law that is based on a unified set of laws. culture. integration.Democratic Deficits in the Philippines: What is to be Done? Mechanisms at the barangay level must be installed in order to protect poor and vulnerable parties from the abuse of more politically and economically powerful opponents to the case. preparation of an integrated Muslim Code. on women‘s rights. National Labor Relations Commission. The following proposed reforms contained in a study by CPRM Consultants. and implantation of campaigns to make ADR the preferred mode of dispute resolution among litigants.57 Need to address challenges in the Shari‟a Courts An effective Shari‘a justice system is one that has the trust and confidence of the Muslim Filipinos. and can address the overarching goal of facilitating the realization of peace and development in Mindanao. rather than one that is driven by diverse customs and traditions. other sociological studies and comparative studies) (2) Design and implementation of public awareness and education program (on the Islamic justice. including public assistance/referral programs and networks (3) Strengthening of the Shari‘a Legal Framework (comprehensive studies on customary laws. Inc. other studies on improving jurisprudence) 48 . awareness. and human rights. and one that they will use as the only forum for resolving justiciable conflicts. rationalization of ADR procedures.58  Need to create an environment based on the rule of law This will involve a set of coordinated initiatives towards creating a societal environment that is based on a unified rule of law and will include the following: (1) Baseline Surveys (demography. on legal services. on access to and procedures of the Shari‘a courts. More cases that are settled at the level of these agencies—such as the Department of Agrarian Reform Adjudication Board. customary laws and dispute resolution practices. etc). feasibility studies on integration and codification. entitled ―Institutional Strengthening of the Shari‘a Justice System‖ are should be undertaken in the long-term based on the guiding principles of rule of law. equal protection and gender equality. Assistance that may be provided includes training of mediators and arbitrators. This may be implemented within the shortterm: …the use of ADR systems by government agencies legally tasked to do so should be enhanced and maximized.56 We support the proposal to promote the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector. Intellectual Property Office. and others— mean less cases that will be brought to the courts on appeal or petition for review.

(2) One added qualification that is needed for a Muslim lawyer or a lawyer admitted to the Bar to be appointed to a judgeship is to be learned in Islamic law and jurisprudence. The local government units should also be informed regarding the Shari‘a court procedures vis-à-vis the BJS. Only one must exist. But the other is to simply remove the duplication and streamline the system. The opportunities to get such a degree are limited by their duties in court as well as the availability of such a course offering here and abroad. One is to delineate functions. The Supreme Court must specify what cases are to be brought before the BJS and the AAC. The Supreme Court should look into this issue and define the term ―learned in Islamic law and jurisprudence. The institute should be funded by the national government. qualifications of all Shari‘a judges should be clearly defined. 49 . Either maximize the use of the Barangay Justice System in Muslim areas or adopt the Agama Arbitration Council (AAC) in case of conflict with that of the Barangay Justice System.‖ Moreover. (2) Establishment of cross-country scholarship programs for Shari‘a lawyers and judges (3) Strengthening of the PhilJA training program for Shari‘a lawyers.Democratic Deficits in the Philippines: What is to be Done? (4) There is a need to resolve the duplication of functions between the Barangay Justice System and the Agama Arbitration Council which adds to the confusion and inefficiency of the Shari‘a justice system There are two options in addressing this issue. Delineation would only maintain user confusion.59  Strengthening of the Shari‘a legal education system This will involve an overall strengthening of the Shari‘a Legal Education System both academic and continuing education and will include the following: (1) Establishment of an Islamic Justice Institute to serve as research and academic institution for the formal education leading to law degrees in Islamic justice. judges and court personnel (4) Institution of Bar Reforms on Shari‘a We also support the following recommendations related to the qualification and training of Shari‘a lawyers and judges:60 (1) It is recommended that there should be a policy for those who are allowed to take the special bar examinations should at least be a degree holder in law whether English or Islamic.

intensive training in English must be given.  Streamlining of the institutional framework for Shari‘a justice This will involve improvements in the jurisdictional scope and structure of the Shari‘a court system and its rules and will include the following: (1) Review of the jurisdiction of Shari‘a circuit and district courts (2) Improving the rules of court of Shari‘a courts  Strengthening of the Shari‘a justice system‘s capacity and integrity This will involve strengthening the organizational capacity and integrity of the Shari‘a courts and will include the following: 50 . There are qualified women applicants to the position and the JBC should at least nominate them to the President for appointment. Initially. Likewise. The Philippine Judicial Academy should provide adequate legal materials for them. (4) A person who passed the Shari‘a Special Bar Examinations should also be civil service eligible just like lawyers who passed the bar examinations. Appointments to the Shari‘a District and Circuit Courts have been mainly given to male judges. The continuing judicial education of Shari‘a judges is plagued with the problem of dearth in legal materials in Islamic law and jurisprudence. This is in accordance with the fundamental equality before the law principle of the Constitution as well as fulfilling our international commitment with the U. (6) The issue of limited opportunity for judges to be promoted should be looked at since career progression is mainly vertical.N. A legislation to amend RA 1080 is recommended. Shari‘a judges would rather be transferred to RTC courts and Shari‘a circuit court judges cannot be promoted to Shari‘a district courts because they have to be members of the Philippine Bar. Intensive training on computer operations must also be made. Convention on the Elimination on All Forms of Discrimination Against Women. the Philippine Judicial Academy should provide adequate and appropriate training for Shari‘a lawyers. a compilation of Supreme Court decisions specially for Shari‘a cases and distribute it to all Shari‘a courts. Since there is a lack of Shari‘a lawyers in areas where there are Shari‘a courts.Democratic Deficits in the Philippines: What is to be Done? (3) While lack of qualified Shari‘a lawyers is pervasive. the Philippine Shari‘a Institute would be reactivated to provide training on Islamic law and jurisprudence. (5) There must be continuous training by PHILJA to Shari‘a judges and court personnel. (7) Also gender bias in appointments should be addressed by policy.

Democratic Deficits in the Philippines: What is to be Done? (1) Development of Shari‘a Code of Ethics (2) Formulation of a career development program for Shari‘a judges (3) Improving case management capacities and operations (4) Structuring of Shari‘a legal fees and charges Need to carry out other measures for overall justice system reform We support the ADB recommendation on the review and codification of laws in the medium-term: A comprehensive evaluation and inventory of major laws that have been passed by Congress in the past decade to determine whether or not they are being implemented effectively can be pursued. management of work. technology. Laws pertaining to a particular sphere of human activity or relations can be reviewed toward the repeal or amendment of outdated provisions and laws and their systematic codification to facilitate their efficient application by the courts in appropriate cases. There should be a follow-through of the implementation of the Court Management Information System (CMIS). The development of an information system for the justice sector will facilitate more effective information sharing. Computerized systems need to reflect decisions already made on information that should be collected and shared. and facilities. appropriate data standards. Information systems are essential to provide timely and accurate assessments of performance regarding service to the public. It is particularly important that justice sector agencies be able to communicate through compatible systems between headquarters and field offices and between organizations that need to work together. it improves the efficiency of all the concerned organizations and helps them 51 .61 It is also an opportune time to immediately assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) released in December 2006 as the tool to synchronize justice system reform efforts among the various pillars of the justice system.62 We support the recommendations of the ADB on justice system support improvements consisting of the following which may be carried out in the long-term: Improving institutional capability requires supporting improvements to the justice sector‘s information and case management systems and the procurement and maintenance of equipment. and what business processes should be linked among institutions. Efficient case management not only helps track individual cases. and implementation of reforms.

Inadequate storage facilities can result in evidence. Many people working in the justice sector lack the most basic tools needed to perform efficiently. locate specific cases of interest. At the analytic level it will allow court administrators and justices to track the performance of judges. These application systems will require substantial one-time public investments in installing the necessary infrastructure. can help the judiciary address this situation. The adoption of transcription technology. Inadequacies in facilities and equipment also impede efficient performance throughout the justice system. and provide mechanism for detecting forum shopping.64 A similar recommendation was made by CPRM Consultants. The decentralization of financial and administrative management in the courts. Inc. The system will likewise provide tools for judges to manage case prioritization and scheduling. orders and notices has been planned. However.Democratic Deficits in the Philippines: What is to be Done? rationalize their priorities and workload distribution. approved in 2004 but not yet operational on a nationwide basis. Investment in information and case management systems is directly relevant here. comparable and even more pressing needs exist in other justice sector institutions. While a pilot case management system has been launched for the courts and one is under study by NPS. allow tracking of case location and status. and other essential information being lost. which also need to be addressed. and provide information which is useful in monitoring and evaluating institutional performance. It will provide functions for e-payment and e-issuance of court orders and notices. and electronic casefiling. Agencies that lack computers and internet access will have obvious difficulties contributing to information and case management systems. as well as manage courtrooms utilization. delay and violation of statutory time limits. and in implementing them.63 case management has not been developed for other organizations. The system will provide a unique case identification mechanism. to modernize case management technology and information system in the lower courts: Systems functional specifications and user requirements definition have been developed under a project on an enterprise-wide case management information system in the lower courts which was funded by the World Bank PHRD Grant. electronic issuance of summons. and detained parties whose stay in jail have exceeded the maximum penalty prescribed by law for their offenses. A change management program is essential particularly since these will revolutionalize court processes and the way the courts communicate and relate to 52 . The implementation of the case management information system must however be undertaken within the context of an integrated criminal justice information system. in designing the systems. Funding for these is available under a Judicial Reform Support Program Loan from the World Bank. teleconferencing. files.

The Court may consider setting up a Video Conference Facility in the National Bureau of Penitentiary in taking the testimonies of convicts.Democratic Deficits in the Philippines: What is to be Done? court users. Dissemination of best practices on court reform and management Promotion of regional and sub-regional exchanges Fostering comparative e-studies Promotion of the use of technology Long-term capacity building There is a need for follow-through in the medium-term of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. The Court to require MISO to study the set up of the Technology of Registry of the Federal Court of Australia. Learning from the experience of the Federal Court of Australia. the Court may consider appointing a full time Building Administrator for each Hall of Justice or cluster of Halls of Justice. 2006. f. The Court E-Library be required to set up links with the E-Libraries of the Supreme Courts of other countries. setting up of PMO. ELearning. c. ADR. b. d. No. at The Westin Sydney. MISO. and the like for submission to the Forum for the Handbook on Judicial Reform on or before the end of July 2006. 1 Martin Place. Australia. Thailand and China on justice on wheels. e. thematic training in specific work areas.65 There is also a need to immediately follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21): a. 53 . h. c. b. The PMO be directed to consider possible assistance to Timor Leste on judicial reforms. e. technology competency training. E-Library. d. PIO. as follows: a. Code of Judicial Conduct. g. User training. and Moscow on ICT in the courts as requested by the members of the Forum. Sydney. and public information and advocacy would be essential components of the change management strategy. The PHILJA to explore with the judicial academies of other countries in the region the possibility of adopting common curricula. The PMO66 to document the judicial reform projects like Justice on Wheels. The Court to require OCA to submit a report on the backlog of trial courts as discussed above for submission to the Forum on or before the end of May 2006.

resource generation and management. o Justice reform should cover the various aspects of governance—a consistent legal framework. sustainability and flexibility. improve access and efficiency. international aid agencies and the international community. overlapping. and remove institutionalized politicization of the police Strengthen the prosecution agencies and reengineer the public defense system o Establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy o Undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services. and even the larger society. Enhance rationalized and coordinated law enforcement o Decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law o Design and adopt an integrated criminal justice information system and develop crime classification and crime indicators o Adopt a holistic approach to the improvement of the crime investigation system of the police o Remove duplication. o Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government. the executive branch. a disciplinary regime. competitive compensation for human resources. devolve delivery while maintaining strong oversight. and strengthen its independence Reengineer the institutional framework of the corrections system. IBP and alternative law organizations to coordinate the various legal aid providers in the country      54 . and amend the Probation Law to expand its coverage Popularize the laws of the land towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies Provide greater access to justice by the poor and disadvantaged through the following: o Formation of a joint committee of the Supreme Court. o Justice reform requires inspired leadership by the Chief Justice in order to followthrough the various reform measures in the long-term. including agencies in the executive and legislative branches of government. proliferation and fragmentation of law enforcement functions. reintegrate police functions.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  The following principles should underlie overall justice reform: o Justice reform should be participatory involving the entire justice sector.

improving case management capacities and operations. and structuring of Shari‘a legal fees and charges Carry out other measures for overall justice system reform: o Comprehensive review and codification of laws   55 . coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence o Assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system o Expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates. formulating a career development program for Shari‘a judges. strengthening the Shari‘a Legal Education System (both academic and continuing education). improving the jurisdictional scope and structure of the Shari‘a court system and its rules. reviewing the jurisdictional structure of the courts. improving the system for ensuring the qualification and training of Shari‘a lawyers and judges. including minors      Improve continuing judicial education to enhance judicial competence Study various options to enhance judicial independence and fiscal autonomy Design complaints mechanisms and enhance record-keeping systems for improved judicial transparency and accountability Conduct a comprehensive study of the implications of the power of judicial review Act on undue delays in the conduct of trials and large backlogs in the handling of cases by: adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial. reviewing and improving the rules of court. removing duplication and overlap and clearly defining the operational delineation among pre-trial system. barangay justice system and the courtannexed mediation system. developing a Shari‘a Code of Ethics. promoting the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector Address the various challenges in the Shari‘a Courts by: creating a societal environment that is based on a unified rule of law.Democratic Deficits in the Philippines: What is to be Done? o Provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council o Improve services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts.

Among the government agencies. the Department of Education is the top employer. While corruption occurs in government. it is the government in the long-run that is the main player in combating corruption. Corruption This section shall focus on corruption and inefficiency in the government bureaucracy as it cuts across the various functional areas of governance.67 The Philippine Government Bureaucracy The Philippine government is the largest employer in the country with 96 percent of employees working in the executive branch (based on the latest available inventory).Democratic Deficits in the Philippines: What is to be Done? o Assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) o Follow-through of the implementation of the Court Management Information System (CMIS) o Follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21) o Follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. (Table 2 and Table 3) Table 2 Dimensions of the Philippine Civil Service (as of 2004) Career Executive (National) Executive (Local) Legislative Judiciary Constitutional Total 2004Source: Civil Service Commission [2004] Non-career 50185 104028 3521 1197 602 159533 Total 1016345 408979 5838 26931 17606 1475699 966160 304951 2317 25734 17004 1316166 56 . 2006 held in Australia D.

corruption appears to be an imminent problem.71 According to the Philippine Center on Transnational Crimes.480 Corruption and Inefficiency as a Phenomenon With such a large bureaucracy.70 Way back in the year 2000. 3. 4.‖68 Some of the most profound consequences of corruption and inefficiency include the following: (a) social dislocation caused by distorted economic growth. the World Bank estimated that corruption was costing the Philippines government US$47 million every year which when translated to a 20-year period up to 1997 means a massive US$48 billion. corruption is usually committed or exists through:72 1. Latest estimates show that as of January 2010. Evasion of public bidding in public contracts.931 26. for providing other services and for raising salaries of state workers. (b) shattered political credibility and demoralized bureaucracy.730 25. poverty and income inequality. 2.69 It is widely perceived that corruption and inefficiency only serve to aggravate the country‘s debt burden. Sub-contracting.063 trillion. Nepotism and favoritism. Ghost projects and payrolls.913 27. 57 . 5. and (c) endangered public order and safety.292 59. It has been estimated that ―the Philippines is losing tens of billions of pesos every year to corruption— an amount that could have been spent for building schools and hospitals.270 26. Tax evasion. the total national government outstanding debt has reached PhP5.951 149.Democratic Deficits in the Philippines: What is to be Done? Table 3 Top Employers by Sector (as of 2004) Sector Education Interior and Local Government State Universities/colleges Public Works and Highways Judiciary Health Autonomous Region of Muslim Mindanao Source: CSC [2004] Number of Personnel 500.

increasing transparency of all aspects of the decisionmaking process strengthens accountability.‖76 Time and again. similar fund mechanisms are adopted by other countries as an effective tool to cover contingencies and provides flexibility in operations but the case of the Philippines is such that it ―suffers from general lack of transparency and abuse of discretion.Democratic Deficits in the Philippines: What is to be Done? 6. has accused President Gloria Macapagal-Arroyo of practicing the selective release of lump sum funds and PDAF such that only those close to Malacañang gain access to PDAF funds. Moreover. who resigned as Budget Secretary along with nine other Cabinet-ranked officials in 2005 in protest of the Arroyo administration‘s leadership style. The above ―avenues‖ of corruption demonstrate that corruption is a product of incentives. including monitoring of decisions and actions. Jr. with each congressman supposedly getting P70 million per year and each senator getting P200 million annually. to reduce the risk and incidence of corruption. Extortion or giving of protection money (tong.. and 7. Wide discretion of decision makers generates similar opportunities. According to former Budget Secretary Emilia Boncodin. i. Pimentel.75 The minority bloc in the Philippine Senate led by Senate Minority Leader Aquilino Q.77 The study showed that: 58 . in Pilipino). Establishing clear accountabilities of decision makers. A study released in 2008 tracked anti-corruption initiatives and strategic focus as perceived and experienced by four government agencies in Region XI (Southern Mindanao). the greater the transparency. Bribery (lagay.e. has criticized President Arroyo for ―her selective releases of pork barrel funds which totals about P7 billion. one needs to shrink the potential benefits and amplify the potential costs of a corrupt act. the less the potential for illegitimate manipulation of the variables.‖ Boncodin. De facto monopoly over a decision gives the decision maker ample room to extract bribes from those who might be affected by the decision and for the latter to easily focus on a single target to corrupt. in Pilipino). there have been accusations from various sectors that some legislators have profited financially from the ―pork barrel system‖ supposedly through commissions or cuts from contractors or suppliers. helps counter these tendencies. and restrains discretion. The following heuristic formula (again due to Klitgaard) is a useful guide for applying the theory to identify and address corruption vulnerabilities: corruption = monopoly power + discretion – accountability where each variable is a function of the degree of transparency. weakens monopoly power. 73 The so-called ―pork barrel system‖ technically known as Priority Development Assistance Fund (PDAF)74 has particularly been known to be a major source of corruption. Campos explains: …does the (expected) benefit of engaging in a corrupt transaction exceed the (expected) cost of doing so? Hence.

Programs and initiatives on good governance and anti-corruption totaled 207 with the government contributing 103 anti-corruption initiatives. the Philippines has consistently ranked low in the Corruption Perception Index (CPI) released annually by Transparency International. The customs service was identified on top of the highly important institutional reforms and high importance was placed on transparency and a review on pay and incentives.4. Political leadership and political will of leadership play crucial roles in combating corruption. the Philippines ranked 139th to the bottom with a score of 2. while business and labor contributing 12 programs. alongside Pakistan and 59 . while in terms of financial controls. empirical surveys and scorecard. multilateral and development funding agencies contributing 25 programs and initiatives. Country comparisons in terms of corruption do not augur well for the Philippines considering that such comparisons influence investment decisions which are vital to economic growth. TI-Philippines (2001). followed by civil society organizations with 67 programs and initiatives. Directory of Institutions.Democratic Deficits in the Philippines: What is to be Done? …the government remains to be the main player in combating graft and corruption in the country. In legal reforms. Tax simplification and fiscal discipline were also deemed highly important. (Table 4) International Perceptions of Corruption in the Philippines Despite the prevalence of such programs. In the 2009 CPI. budgetary control and treasury development. including corporate responsibility.78 The same study cited the inventory of initiatives on good governance and anti-corruption in the Philippines documented by Transparency International (TI) in 1991 as follows: Table 4 Number of Programs on Good Governance and Anti-Corruption Players Number of Programs Philippine Government 103 Civil Society 67 Multilateral and Development Funding 25 Agencies Business and Labor 12 TOTAL 207 Source: Hills Governance Center. emphasis were focused on procurement audit and financial reforms. Also high expectations were placed upon civil society participation. ranked highly important were judicial independence and enforcement of visible grand corruption cases. Organizations & Agencies Involved in Combating Corruption in the Philippines. community involvement.

2). Malaysia ranked 56th with 4.4. which ranked third in the 2009 CPI with a score of 9.80 (See Annex G for Corruptions Perception Index Table for 2009 and Annex H for CPI 2009 Methodology. Vietnam ranked 120th with 2. the Philippines lagged behind Singapore.7. the same as the 2008 CPI. it is essential to identify where corruption blocks good governance and accountability. registering the highest percentage points in Southeast Asia and the second highest in Asia.5.3 in the 2008 CPI.174 respondents.2. and where governments have not implemented anticorruption legal frameworks… With the vast majority of countries in the 2009 index scoring below 5.) However. Cambodia (2. Indonesia ranked 111th with 2. expatriate business executives doing business in the Asia-Pacific region.Democratic Deficits in the Philippines: What is to be Done? Bangladesh.06—fell two rungs down compared to the previous 60 . the corruption challenge is undeniable.4)--and mildly improved from 141st with a score of 2. fast-track disbursements of public funds and attempts to secure peace are being implemented around the world. According to the survey. The survey also reveals that respondents from the Philippines do not file formal complaints against requests for bribes because of the following reasons (Table 5):84 Table 5 Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer Reason Percentage of Respondents they did not know how to do it 21% it would have taken too much time 59% it would not have helped at all 36% Source: Transparency International In the 2010 annual survey of the Political and Economic Risk Consultancy (PERC) where it polled 2. where institutions still need strengthening. the Philippines—with a score of 8. 77 percent of Filipinos deem their government‘s efforts ineffective in the fight against corruption.79 The 2009 CPI includes 180 countries.‖83 TI also released its 2009 Global Corruption Barometer in June 2009 (which is on its 6th edition).0) and Myanmar (1. in order to break its corrosive cycle.8.5. Brunei ranked 39th with 5. Thailand ranked 84th with 3. The Philippines ranked better than three of its Southeast Asian neighbors—Timor-Leste (2.81 According to Transparency International: Overall results in the 2009 index are of great concern because corruption continues to lurk where opacity rules.82 TI chairman Huguette Labelle underscores the importance of curbing corruption by strengthening the institutions of low-ranked countries: ―At a time when massive stimulus packages.

Macau 4.6 13. Hong Kong. South Korea 5.42. Malaysia 6.49). Singapore 1. government spending. Taiwan (score 6.06 14.18). based on which each of the 16 economies was graded.52). Indonesia 9. China 6. Ranked worse than the Philippines in the opinion of the expatriate respondents are Vietnam (score: 8.98). Cambodia 9.47 10.47). The other eight criteria relate to freedom in business. Taiwan 6.10 16.52 11.27 Source: Political and Economic Risk Consultancy (PERC) Note: The opinions about corruption indicators in 16 Asia-Pacific economies were gathered. Hong Kong 2. South Korea (score 5. property rights and labor.8 in 2009 to 56.07).42 5.28 9. trade. Japan 3. which is directly above the Philippines and therefore fifth most corrupt. Thailand 7. investment. India 7.67 4. Cambodia (score 9.85 (Table 6) Table 6 Political and Economic Risk Consultancy 2010 Annual Survey Economy Score 1. Of the ten criteria. No.86 The issue of corruption in the Philippines is a glaring factor that pulled down the ranking of the country in The Heritage Foundation‘s 2010 Economic Freedom Index87 from a score of 56. On a scale of zero to 10.60).5 points.28 3.88 61 .49 6.10) and Indonesia (score 9.07 15. the United States (score 3.27). (score 7.28). fiscal. Macau (score 4. 2. India (score 7. Malaysia (score 6. way below the global average of 40. Australia (score 2. zero is the best possible score which means that the respondents saw that particular economy as having the lowest level of corruption among politicians and civil servants. Vietnam 8. United States 3. and Thailand.3 in 2010. China (score 6.42). Philippines 8.67.18 12. The decline has been attributed to ―small reductions in monetary freedom and freedom from corruption‖ which are two of the ten criteria used in the ranking. financial.98 8. 1 on the PERC list).Democratic Deficits in the Philippines: What is to be Done? year and became the fourth most corrupt economy. The economies that were perceived least corrupt are Singapore (score 1. the Philippines has the worst score in ―freedom from corruption‖ at 23 points. Australia 2. Japan (score 3.96 7.96).42 2.28).

2. Third priority is "promoting a 62 . Majority of managers find transparency in local government procedures. Department of Transportation and Communication (DOTC). It was notably up in trial courts. Managers consider private sector corruption to be less than public corruption.7. Two-fifths of managers sense improvement in public access to information. Hong Kong topped the list with a score of 89. However. Government Service Insurance System (GSIS). Presidential Anti-Graft and Corruption (PAGC). On government efforts to fight corruption. The proportion of enterprises solicited for a bribe was below the 2008 peak. 6. Since the index was launched in 1995. but still a high 60%. At least two-thirds do not use intermediaries in local business permit renewals.Democratic Deficits in the Philippines: What is to be Done? The Philippines ranked 109th out of 179 countries/economies. the more that corruption happens. Sincerity in fighting corruption varies across agencies. 8. Department of Justice (DOJ). Managers reporting honest business practices in their sector remain few. Commission on Elections (Comelec). On the other hand. Department of Finance (DOF). it was notably down in Commission on Audit (COA). 4. and Presidential Commission on Good Government (PCGG). 5. similar to 2005 and 2006 after a slump in 2007. and Office of the President. three-fourths support passage of a strong law on right to information. the trend is flat. Managers consider public sector corruption to be high and stagnant. Willingness of enterprises to fund an anti-corruption program is back to 5% of net income. Department of Environment and Natural Resources (DENR). The farther from the local level. the Philippines consistently placed within the range of ―mostly unfree‖ economies. 7.89 Local Perceptions of Corruption in the Philippines The following Highlights of the 2009 SWS Surveys of Enterprises on Corruption reinforce the perception of widespread corruption in the Philippines: 1. 10. 9. "fighting corruption" and "creating jobs" are first and second priorities of both managers and the public. 3. In voting for President. Department of Budget and Management (DBM). half of managers see improvement in transparency in bidding for a government contract. Armed Forces of the Philippines (AFP).

99 percent of the project implemented due to squabbles between the main office and regional offices. which include the following (Table 7):91 Table 7 Factors that Predispose the Customs Service to Corruption Predisposing Factors to Corruption Abundance of opportunities Irresistible rewards Low-risk endeavours Damaged values system and culture Weak controls and justice system Lack of means and support Insincere and opportunistic media If ―wasteful fund management‖ is a major indicator of inefficiency. A newspaper report presents the following details.‖ refused to participate in the implementation.90 Among the national government agencies.14 billion in terms of bungled or incomplete projects in a report submitted by the Commission on Audit (COA) to the Office of the President for the year 2008. the anti-corruption strategies adopted during the 1970s and 1980s to minimize the Philippine Customs Service proved to be ineffective and added that many environmental factors predispose the Custom Service to a high incidence of corruption.Democratic Deficits in the Philippines: What is to be Done? good business environment" for managers. 11. It has been subjected to large-scale waves of purging since the 1970s.19 billion farm-to-market road project of the DA.3 billion-fertilizer fund project under the GMA Rice Program. among others: COA said the biggest ―bungle‖ was the P5. Local government units (LGUs).‖92 The DA wasted some P7.58 billion or 38. According to Parayno. which remained incomplete as of December 31. 2008 with only P1. Another bungle was the P1. perhaps wary of another ―fertilizer scam. the Department of Agriculture (DA) would be a prime example in terms of ―bungled project implementation or missing and diverted funds. but "eradicating poverty" for the public. Fertilizer suppliers likewise refused to accept ―fertilizer discount coupons‖ or FDCs as form of payment. which further stalled the project. 63 . the Bureau of Customs (BoC) is considered as one of the most corrupt. Managers consider the business climate to be better than 2008.

IX and XI. the COA. There is a prevailing fixed rate of lagay. were rendered useless due to inferior construction. The rest were condemned as having ―operational deficiencies. Mini-dams for irrigation in Regions VIII. 4. as in the case of the Deputy Commander‘s office and to offices. The DA also sought to construct 11 Barangay Food Terminals (BFT) worth P1. Also. overpricing. There are several forms of corruption being practiced. this is dependent on the amount of transaction except for the COA. negotiated canvass. which have no discretionary powers. got a 100% response in corruption perception.Democratic Deficits in the Philippines: What is to be Done? Some P2. ―ghost delivery‖. The main reason why corruption is being resorted to is to expedite the processing of documents. Anthonio F. the levels of corruption of the different units of the PN varied and are dependent on the corruptive or non-corruptive behavior of their respective Commanders. There is corruption in the Philippine Navy procurement system.2 million was spent on printing the useless FDCs. the practice had become a routine that both parties readily and mutually agree on the terms. where the consistent response yielded the amount of lagay at 1-2% of the amount of the transaction. However. which are already part of the largesse as in the case of the BAC. However.‖93 A study conducted by LTSG. However. 6. Trillanes IV (now Senator) in 2002 had the following findings:94 1. will result to bureaucratic corruption. 3. some offices were perceived to be more corrupt than the others. the corruptive behavior is not initiated by the dealer nor the procurement official instead. 2.35 million. which is supposed to be the watchdog of the government against corruption. substitution and under delivery. These are. 64 . All offices involved in the procurement system had corruption incidences. tong. lagay. rigged bidding. which work within the milieu of the procurement process. The data gathered validated the hypothesis inferred from the theoretical framework that boundary exchange processes between the procurement officials and accredited dealers. Ironically. this is not applicable to offices. built at a cost of P7. 5. However.55 million but succeeded in building only one ―operational‖ terminal.

She. suspended sixteen trial court judges and one appellate court justice. particularly the Department of Education. is now facing calls to resign by locals and CSOs alike. and fined more than 100 trial court judges. The current head of the OMB is a former law-school classmate of the president‘s husband. 65 . However. or fining them. which includes members such as the Makati Business Club (MBC). Many do file complaints against judges and a number of these lead to sanctions. the Court dismissed thirteen trial court judges and one Court of Appeals Justice. Its long history of inefficiency has also tainted its reputation (there were 14. The increasing number of ad-hoc bodies. Independence is further compromised by the fact that the Ombudsman is politically appointed by the president. Merceditas Gutierrez. described her as a ―liability in the fight to stamp out corruption" given her alleged inactivity as the principal anticorruption agent.652 cases awaiting OMB action in 1994 – Freedom House Countries at the Crossroads: Philippines 2007) and analysts were disappointed in 2006 about the body‘s withdrawal of charges against the Commission on Elections for an automation contract in 2004. observers note that the agency falls short of fulfilling its mandate: Critics of the OMB highlight its focus on petty corruption at the expense of larger more senior-level cases. That was a pretty large number for three years—about fifty are sanctioned a year—showing the seriousness of the Court. External and internal distortions now weigh down the 20-year-old government compensation system. the Supreme Court has dealt with the problem to some extent: The push for ethical and clean judges has been a continuing campaign.95 With the challenge of corruption facing the Philippine judiciary in the face. At the same time. the Supreme Court punished more than a thousand regional trial court judges by dismissing. suspending. both monetary and non-monetary have affected the quality of the bureaucracy in the Philippines. From 1986 to 2005.Democratic Deficits in the Philippines: What is to be Done? The Office of the Ombudsman is the primary anti-corruption agency in the Philippines. The Coalition against Corruption.96 Factors Breeding Corruption and Inefficiency A study on the civil service focusing on incentive systems in the bureaucracy97. these numbers reflected the loose screening process in the judiciary. especially over the last several years. show the following findings: It was observed that incentives. …from January 2006 to March 2009.

66 . David said the present appointment system is warped in that the basis of some current appointments is loyalty above qualifications. According to media coverage of the forum: On the presidential appointment issue. What does this imply? If country shortcomings in human development are to be addressed. especially at the 3rd level comprising executive and policy/highly technical personnel. and appointment as a reward.‖ the views of former Civil Service Commission Chairman Karina Constantino David on appointments to key positions in government should be noted as a factor that breeds corruption and inefficiency. then institutions (incentives) impinging on the civil service and on the performance of the bureaucracy need to be reformed or. consultants and assistants) because they have the rank of secretary. Positive correlations observed between shares of CESO eligible people occupying executive posts in human services agencies and corresponding agency public approval ratings. political spoils over competence. trends in the profile of personnel across all levels of the corps indicate a deteriorating quality. relatively weak. David said that there is an excess of 81 undersecretaries and assistant secretaries which led to the politicization of the bureaucracy and undermining professionalization.Democratic Deficits in the Philippines: What is to be Done? presidential consultants/advisers and political appointees is also a source of demoralization. also provide some evidence that better bureaucracy quality is associated with better agency performance in the Philippines. which pertains to non-monetary disincentives. She tagged as ―calling card‖ secretaries and other designations (presidential advisers. some factors in the Filipino psyche account for the spiritual or moral deficit that fuels corruption and inefficiency in the Philippine government.98 In a public forum on ―The Powers of the Presidency: Preventing Misuse and Abuse. On the whole. by definition. at the very least. contained.‖ She also described as ―monobloc‖ secretaries appointed by Malacañang to various positions because the bureaucracy is bloated they have no official looking chairs but monobloc chairs. The latter. is far more critical in government than in the private sector because the link between money wages and agent performance in government is. have vague [functions with]…Duplicating and even comical titles ―blurring the lines of accountability. This seems to be accompanied by an increased vulnerability to rent seeking.99 From a socio-cultural and psychological perspective.

some observers have argued that corruption has become systemic. each business permit.‖102 He illustrates the vicious cycle of corruption: …Corruption goes into the heart of why our democracy doesn‘t work.101 With the interplay of these traits within an environment predisposed to corruption. Other ―combinations‖ of contradicting values include pakikipagkapwa-tao and kanya-kanya.Democratic Deficits in the Philippines: What is to be Done? Sociologists and historians have noted the lingering. being ―other-oriented‖ and capable of great empathy and yet at the same time also self-serving. each condominium construction. Filipinos are ―person-oriented‖ allowing them to be capable of much caring and concern for others. having no sense of shame. that is a loss. how many hospitals. Corruption‘s hidden costs are just as deadly as its seen costs. and the phenomenon of apathy that help breed corruption within the civil service. We can count or at least estimate the billions of taxpayer‘s money that is diverted to private pockets. Filipinos are ―family-oriented‖ giving them a deep sense of their roots but this can also prevent them from reaching out beyond the family to the larger community and to the nation. or each franchise—and then multiply that bribe by how many vote were needed at the Sanggunian or in Congress. Surely. the so-called crab mentality. 67 . effects of colonial policies during the Spanish and United States occupations such as political coercion and cooptation of native leaders into the colonial government service which is referred to in modern times as patronage politics. Filipinos have also become a people with many contradictions or traits that act as ―double-edged swords‖ which may account for the so-called manifestations of lack of civility. and you can roughly compute how many school buildings. or how many scholarships all that money could have supported. But we cannot count all the bribes entailed for each building permit. The religiosity of the Filipinos as a people is a source of strength and courage but may keep them passive and dependent on forces outside ourselves. Just look at our congressmen‘s and senators‘ pork barrel.100 Filipinos have a sense of joy and humor which serves them well in difficult times but serious problems need serious analysis and humor can be distracting and unconstructive. but this can be taken to the extreme where they can be excessively affected emotionally by interpersonal issues. envious of others and unconstructively critical of one another. It is no longer the aberration but the routine. not to mention the grease money needed to keep the petty bureaucrats happy in the regulatory agencies. and in transactions between the government agencies and the entities in the private sector that deal with the government. One analyst even asserts that ―Corruption has corroded our spiritual life to the core…We have ‗normalized‘ corruption and accepted it as part of our daily lives. adaptable and creative and this allows them to adjust to any set of circumstances and to make the best of the situation but these also lead them to compromise on the precision and discipline necessary to accomplish many workoriented goals. also being hardworking and lazy. how many feeding programs. if not lasting. Filipinos are flexible.

The stakes are higher and purely pecuniary. it has become—for the mercenary—worth killing and maiming the innocent. The Philippine government has officially recognized and ratified the United Nations Convention against Corruption (UNCAC). it has made campaigns more costly and thus excludes ordinary citizens from the contest or forces them into the waiting arms of political patrons and warlords. it has made elections deadly. al. (See Annex I for Overview of the Legal Framework for Dealing with Corruption in the Philippines and Annex J for Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees. et. Worse. A retired business executive asserts that there is a: …widespread misconception that business is a victim of political corruption. But it is actually wealthy people outside government. such as the Sandiganbayan and the Office of the Ombudsman. it has upped the ante in our elections. by raising the stakes. coupled with complementary efforts by the private sector and civil society. and legal-judicial reforms. business has successfully laid the blame for corruption at the feet of government officials. fiscal policy. Publicly. institutional reforms.104 An examination of the existing legal framework dealing with graft and inefficiency will show that there are already many laws and other legal instruments and institutions in place. Worst of all. civil liberties. who corrupt public officials and the political system. financial controls. There are laws that have streamlined the functions and strengthened the anti-graft institutions. Anti-corruption provisions are found in the Constitution and various legislations on anti-graft and corrupt practices with stiffer penalties. Rather our corrupted democracy attracts the mercenary who see public office as merely a rent-seeking post. The truth is business is the main source of political corruption.105 which covers six areas: political reforms. It is impossible to aim for what Confucian societies call ―rule by virtue. The following recommendations are based on the multi-pronged strategy formulated by Thomas. public oversight and civil society. in that the stakes being so high.103 Leaders in the private sector have acknowledged that corruption is often a conspiracy between entities in the government and the private business sector.Democratic Deficits in the Philippines: What is to be Done? Because corruption has made public office so lucrative. it makes sense to focus on making those laws effective through determined implementation or political will. competing for rent-generating privileges and concessions. 68 .) What is to be done? In a developing country like the Philippines with anti-corruption laws already in place.‖ for a kind of public service that beckons forth men and women of character. amending and expanding the prohibited acts of public officers prescribed in the Revised Penal Code.

the financial requirements to obtain and retain office and placate core constituencies—create dysfunctional incentives that degrade the performance of the public sector as a whole. and institutional origins. nature. well-defined. Government reform The World Bank‘s recommendation to target selected agencies may be implemented in the long-term:108 Many corrupt behaviors are unique to specific government units and functions. The World Bank has noted that: The dynamics of electoral politics as practiced in the Philippines—particularly. Institutional Reforms Institutional reforms consist of government reform and civil service measures. Examples of suggested actions in this area are:   Selecting priority department and agencies. and can easily be subjected to scrutiny and reform. Nevertheless. At this level. it is easier to make progress in the Philippines since: agencies and departments are relatively small.Democratic Deficits in the Philippines: What is to be Done? Political Reforms There is a need to reform campaign finance in the medium-term. the World Bank‘s recommendations do not address them for lack of expertise and jurisdiction in this area. ambiguous legislation and administrative orders can be clarified or rescinded. In its issues.106 Then presidential aspirant JSC de los Reyes of Ang Kapatiran even asserts that ―ending and prohibiting political dynasties as enshrined in the Constitution‖ will help curb corruption. Although these issues have been acknowledged in the Philippines and demand due consideration. the wide influence of a family or clan will have the tendency to create a climate conducive to acts of conspiracy that may lead to corruption. their mandates are narrow. issues of corruption in politics are bigger than campaign finance reform and different from petty corruption in procurement and bribery in the civil service. and business processes can be broken down into discrete components and evaluated. 69 .107 Indeed. reforms of political processes and systems should be an integral part of the government‘s overall anticorruption program. based on the public‘s priority concerns Identifying areas for a few quick wins that would give momentum to further reforms.

We will strengthen the Ombudsman.109 Presidential aspirant Richard Gordon of Bagumbayan volunteered to be highly accessible to the people and to remove his power to appoint the Ombudsman if he became President: We can eliminate corruption when our people can report to a man they can believe in.Democratic Deficits in the Philippines: What is to be Done? We suggest that the various recommendations of presidential aspirants to reform government institutions or to implement existing laws in the medium-term to the long-term be seriously studied. We don‘t want a 20-percent success rate in our anticorruption cases. Abolishing the pork barrel system. and Making representations before the Supreme Court and Congress to bring about the speedy administration of justice. it must be ensured that someone will be found guilty and punished. Then presidential aspirant Benigno Simeon Aquino. rules and regulations that give government personnel.110 Another presidential aspirant advanced the following plan: Adhering to the constitutional mandate of passing the law on full public disclosure of all government transactions. like those in the Bureau of Internal Revenue (BIR). I will remove my power to appoint the Ombudsman and ask that the Constitution be amended to allow people to vote for an Ombudsman in a quick election based on track record. I will be available 24/7. Antigraft and corruption measures should focus on the big fish.111 Presidential aspirant Maria Ana Consuelo ―Jamby‖ Madrigal said that: Whistle-blowers and anticorruption watchdogs should be adequately protected. Once charges are filed. It shouldn‘t be enough that the police arrest suspects. I will encourage people to text me every day so I will be able to monitor allegations of stealing from the government and right away we can investigate. Abolishing laws. the discretion to allow or disallow certain deductions or exemptions. There should be a strong conviction rate because success breeds success. III said that there is a need to focus on strengthening the Office of the Ombudsman: We will assign people who will focus solely on monitoring these activities. 70 .

Reform of monetary incentives.112 Presidential aspirant Nicanor Perlas believed in focusing on the government agencies which are the greatest sources of corruption while creating a Cabinet position for civil society affairs: I will appoint a whole new set of people. All of these programs will not be implemented without the support of civil society. Once they‘re appointed. especially in the BIR. 270 which seek to establish a Career Executive System.Democratic Deficits in the Philippines: What is to be Done? Moreover. transparency) The following general recommendations are proposed to be implemented in the shortterm. Department of Public Works and Highways. restructuring of agencies. I will mobilize the millions of people in civil society to participate in a massive anticorruption drive. Third party enforcement as regards the creation of new agencies – which is currently the jurisdiction of the Department of Budget and Management and Congress – also needs to be clarified and strengthened. to end corruption there within 100 days.113 Civil service (pay and incentive reform. This would require clarifying the extent of the Presidential prerogative – identifying which positions are subject to it and which should be based solely on merit and fitness . as presented in a study by Monsod:114  Strengthen 3rd party enforcement as regards personnel hiring in order to reduce or check ineligible. Department of Education and Department of Environment and Natural Resources—the sources of high corruption. it should include the exposé and punishment of politicians for promoting and upholding free-market and free-trade policies that back up the foreign plunder and underdevelopment of the Philippine economy. meritocracy. I‘ll set deadlines. Customs. Provisions to this effect are currently proposed under House Bill No. political appointments.as well as clarifying the role of the Civil Service Commission in enforcing the same. which is long overdue. especially in the BIR and Customs.  71 . 3956 or Senate Bill No. The framework of the current Salary Standardization Law (of 1987) is more than 20 years old and there lessons in the field of human resource management should be integrated in order to better link government compensation to agent contribution. So I will create a Cabinet position on civil society affairs. The proposed Government Classification and Compensation Act designed by the CSC in 2006 tries to innovate in this regard.

what their terms of reference are. Yes.118 This may be carried out in the medium-term. and whether and how they are held accountable to entities other than the president. I believe that the majority of those going to government are matino but we don‘t give them a chance to be one and we force them to go into these situations. and their corresponding salaries be increased.‖116 Presidential aspirant Gilbert Teodoro. it is recommended that the number of the plantilla positions of government prosecutors. regular Cabinet officials undergo a Congressional confirmation process in order to officially assume office. that will be my policy. For the military. You have to reduce temptations. Presidential consultants/advisers -who are considered ―cabinet-level‖ positions – however undergo no such confirmation process. and enhancing meritocracy in appointments and promotions. While any president is entitled to his or her advisers. likewise said that ―We have to work for restructuring in terms of pay scales and bonus schemes for public service. the following recommendation should be implemented immediately:  Strictly adhere to the merit system of promotion and selection of officers to be designated as commanders of its different units. The primary criterion for qualification should be an officer who possesses technical competence and vision to 72 .Democratic Deficits in the Philippines: What is to be Done?  Formulate an official policy of transparency as regards the role and authorities of presidential consultants/advisers. The related recommendations of Vinay Bhargaya of the World Bank may be implemented immediately and in the medium-term:115  Limiting the scope for patronage in public employment by depoliticizing the civil service and strictly regulating the use of casual and other contractual workers Decompressing the government pay scale to provide competitive salaries up to senior levels Strengthening performance evaluation. Jr. Currently. They are also subject to public scrutiny not to mention administrative laws that (theoretically) help ensure that power is not abused. implementing related awards and sanctions.   Even then presidential aspirant Benigno Simeon Aquino III supports the provision of competitive salaries: ―We give them salaries and packages that would practically guarantee that they will not be corrupt. yet enjoy a great deal of authority.‖117 To encourage more lawyers to join the Public Prosecution in the fight against graft and corruption. the question is who they are. both in the Office of the Ombudsman and the National Prosecution Service.

73 . Actions that could enhance transparency and public oversight include:  Establishing a citizen charter. Active efforts to engage civil society to advance accountability and integrity are also needed. and procedures to file complaints on agency failure to follow required procedures Using government officials‘ statement of assets and liabilities proactively to identify possible cases of corruption Conducting client surveys to get regular feedback on access and quality of government services Establishing advisory boards made up of prominent Filipino citizens to assist the Office of the Ombudsman as well as each department and agency targeted for anticorruption effort Limiting the role of advisers in the government.Democratic Deficits in the Philippines: What is to be Done? effectively formulate reforms and. who are not governed by public accountability and parliamentary processes. the confederation of public sector unions of Philippine government employees. requiring an agency to specify and publish: each step of procedures to obtain a particular service. public oversight and civil society Civil society participation can be enhanced immediately by increasing transparency through public oversight. These may be replicated immediately by government employees in government agencies where PSLINK is not yet present:120 Participation in anti-corruption committees PSLINK sends members to participate in inter-agency anti-corruption meetings. more importantly. The World Bank explains that: Measures to increase significantly the information made available to the general public have special importance because they let citizens know what officials are accountable for and how to judge their performance against those standards.119 Civil liberties.      Government employees themselves should be at the forefront of fighting corruption and inefficiency. and enhancing the role of cabinet officials who are Strengthening the ongoing initiatives for governance-appraisal systems for cities and municipalities and publishing results annually. An innovative approach has been taken by PSLINK. has the moral integrity and political will to implement reforms. maximum length of time to conclude the process. by initiating several programs in the fight against corruption.

Procurement Watch and other NGOs to mobilise union members and boy and girl scouts to physically count the books during the delivery process and compare this to the number which were supposed to be delivered. These members are there to scrutinise the bidding process when results of bids are announced to ensure the proper process is followed.Democratic Deficits in the Philippines: What is to be Done? Integrity Circles PSLINK is trying to form workplace-based ‗Integrity Circles‘ (IC‘s). The idea is to create groups at the level of the smallest unit to discuss and implement ways to improve the workplace and increase productivity and efficiency and to serve as monitors and advocacy groups. Corruption in the delivery of primary school text books resulted in up to 55 percent of the books not being delivered so PSLINK worked with TAN. Often there are large discrepancies. Mr. Procurement of text books – counting away corruption One successful campaign involving the delivery of textbooks to primary school students demonstrates the success such monitoring processes can have in cutting down on corruption. The name is specifically designed to attract members and the concept mirrors the campaign to popularize quality through the creation of "Quality Circles". These members receive training from an organisation called Transparency and Accountability Network (TAN) which has been accredited by the government to provide training on the new procurement law established in the Philippines. This reduced the number of missing text books from 55 percent to 5 percent. Adrian Wood. Procurement Watch PSLINK is also establishing a regional procurement watch to scrutinise the results of public bidding. former President 74 . They promote the purchase of generic brands over expensive brand-name medicines and closely monitor the expiry dates of medicines delivered to ensure that medicines which are almost out-of-date are not being off-loaded onto Filipino people. They also monitor the quality of medicines to ensure there is no substitution with inferior medicines during the delivery process. Procurement of medicine – a healthy alternative to corruption The union is also involved with other civil society groups in monitoring the procurement of medical drugs and identifying any discrepancy between the listed purchase price and the actual money paid. Procurement In the area of procurement PSLINK has provided training to members of the Committee for Bids and Awards. The private business sector also has a crucial role in ensuring that corruption is prevented through collective action or even as a national movement. Members also participate in the deliberation and monitoring of the profits of companies bidding for public projects and ensure that terms and conditions contained in contracts are not disadvantageous for the government.

allocation of personnel and other resources. Prevalent abusive practices in various business environments should be described in detail. and Company B must be obliged to investigate. There should be a formal agreement among the CEOs or General Counsel or Compliance Officers of the participating companies that suspicious behavior from any of their respective representatives or employees will be reported and mutually dealt with. Admonishing against the engaging in corrupt practices is not enough. explains the essential elements for Collective Action: Neutral third party • Due to the antitrust law the pact should be sponsored by a neutral third party. lawyers or compliance officers at Company A must be able to inform Company B confidentially. CEOs’ commitment to the project • Within the format of a trade association meeting with the third party sponsor(s) present. assignment of duties and responsibilities. then the CEO. Philippines. During the meeting it is important to determine the program of activities. From these industry-specific templates. It also promotes more transparency among the various sectors involved in Collective Action. a detailed but plain language code can be drafted by the lawyers from the participating companies once the project commences. This will ensure that operational issues are addressed immediately which is critical to the continuity of the program. 121 75 . Inc. It is important to determine the sharing of the work at the onset. Trade associations and NGOs can host the necessary meetings with the appropriate antitrust protections. If Company A learns about suspicious behavior by representatives of Company B. Plain language Code of Conduct for participating companies • International and local organizations which are actively campaigning against corruption can provide the basic templates for the Code of Conduct. Approval and support from relevant government agencies • Sharing the proposed code with relevant government agencies gives them an opportunity to identify illegal and unethical practices which otherwise might not be known to the participating companies.Democratic Deficits in the Philippines: What is to be Done? and Chief Executive Officer of Siemens. Apart from that. Self Regulatory Monitoring of participating companies • Critical to the success of Collective Action is the participating companies‘ commitment to transparency. specific rules and guidelines for relevant employee groups must be drafted. obtain the commitment of all of the CEOs of participating companies. correct and if necessary penalize the personnel and company who engaged in improper behavior.

which usually involve government institutions. Tordecillas: According to This is an open declaration of commitment to clean business practices from various industries. more importantly. Of primary importance is the establishment of compliancerelated pre-requisites for memberships. This method requires a third party or an auditing firm that can independently evaluate applications of interested companies as well as assess continuing membership based on the extent of conformance to the established standards. For sure. Regardless of the form and substance. willing to make personal and financial sacrifices. Compliance to the initiative is based on honor and public commitment. a project-based agreement may be formulated. External enforcement can be initiated by customers or bidding companies through formal written agreements commonly referred to as ‗Integrity Pacts‖. Vilegas. usually a non-government organization responsible for monitoring the integrity of the bidding process. the following initiatives. the movement should be determined and highly organized to fight ―the establishment. chambers of commerce and organizations. The certification process institutionalizes the members‘ commitment to curtail corrupt activities within their sphere of influence. best practices sharing. there will be attempts to sabotage the movement not necessarily from outside but from even inside the membership.Democratic Deficits in the Philippines: What is to be Done? Vicente T. This also requires establishment of sanctions on companies caught violating the agreement. Tordecillas explains: These are principle-based initiatives that serve to strengthen the signatories‘ commitment to eliminate corrupt practices in their business activities. information campaign and anti-corruption training. are recommended: roundtable discussions.122 For the short-term.‖ The leaders and member must trust one another and not hold back on their commitment or else the whole effort will easily break down.123 For the long-term. a retired business executive has proposed the formation of a national movement: …led by courageous business leaders willing to put their names. reputations. This 76 . The enforcement is founded on peer pressure and an honor system dependent on the participating companies‘ internal corporate governance program. This approach requires the participation of an independent and a reputable third party. companies and lawyers on the line and. External enforcement under this approach is done via a structured audit and certification process.

personnel training. industrial policy. Adopting accounting and auditing rules and standards to ensure transparency in business transactions. as a major source of funds used for corrupt purposes. Another example is the Integrity Pact concept being piloted in Indonesia. thereby creating incentives for the others to revert to bribery again. Engaging in a dialogue about how to solve the collective action problem associated with bribery: how to prevent some firms from continuing to bribe when others stop. infrastructure. He notes that on a per capita basis. The model antibribery legislation sponsored by the Organization for Economic Cooperation and Development (OECD) is an example in that it promises significant penalties for those who continue to pay bribes. Developing and implementing company codes of conduct and ensuring their effectiveness through internal control mechanisms.     Fiscal Policy We support the recommendation of former Finance Secretary Ernest Leung for a major overhaul of the Philippine tax system in the long-term.Democratic Deficits in the Philippines: What is to be Done? approach is the best route for ushering cultural change paving the way for a levelplaying field and an equitable business environment. and sanctions. has to be mobilized to combat corruption. Encouraging higher standards of corporate governance. taxation.124 Corporate responsibility (international agencies and FDI) The World Bank‘s recommendation to develop partnerships with the private sector may be implemented immediately:125 The private sector. Involving the private sector will not only allow more sophisticated and sensitive policy responses to corruption to be developed but will also put pressure on the private sector to raise its own standards of behavior. Leung observes that Philippine tax laws and systems are very complex and this allows the rich or the favored few to pay taxes below the scheduled or appropriate amounts. The following actions could be part of a government-private sector partnership against corruption:  Involving representatives of the private sector in designing anticorruption strategies in vulnerable departments such as customs. and investment. the average common man 77 . requiring a formal no-bribery commitment from all bidders for government contracts. The OECD Principles of Corporate Governance (April 1999) provide a useful model for a local initiative.

We support the recommendation of former Budget Secretary Emila Boncodin to minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people. I‘ll certify as urgent a bill on the proposed Access to Information Act or the proposed Freedom of Information Act which my son Joel as Cibac representative fought for in Congress. He points out that exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes. limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions and thus discharge their duties with a more independent and dispassionate perspective. eliminating noncompetitive aspects.127 We also support the passage of a bill on the Freedom of Information Act supported by the Catholic Bishops' Conference of the Philippines (CBCP)128 and presidential aspirant Eddie Villanueva. For instance.‖129 The bill will pave the way for the full disclosure of all government transactions involving public interest. a recommendation by the World Bank is worth considering:133 Reforming budget processes to achieve discipline. and opening up tenders to international competition.‖130 On Procurement reform For immediate implementation. allocative efficiency and operational efficiency is a promising area to address corruption issues.Democratic Deficits in the Philippines: What is to be Done? pays more taxes through the automatic income tax regime than larger entities that pay corporate taxes.131 The World Bank also recommends ―Simplifying public procurement. Key potential actions to reform the budget process are: 78 .126 Financial Controls Transparency should be foremost in instituting financial controls. actively rooting out cartels. I would push for televised public bidding. On Budget Control and Treasury Development For the long-term. This law provides anyone with copies of all documents in all transactions.‖132 This may be carried out in the medium-term. Presidential aspirant Manuel Villar of the Nacionalista Party has likewise proposed that ―I would work for increased transparency in government dealings. especially in awarding bigticket contracts and large procurement activities. Villanueva stated that: ―In the first 12 days. Everyone who is interested can come to inspect the terms of reference of government contracts.

hence. It is believed that the law should be amended in such a way that if the amount malversed exceeds PHP100. consisting of procedural/penal reforms and substantive reforms:134 On Procedural/Penal Reforms Procedural/penal reforms may be undertaken within the short-term. the law should provide graduated penalties based upon the amount or damages sustained and in cases where the government is the injured party and the amount involved is PHP100. the commission of any graft or corrupt practice as defined therein is uniformly penalized with imprisonment of not less than six years and one month nor more than 15 years regardless of the amount or value of the property involved.000.000. As in malversation cases. Any case of graft and corruption or crime involving betrayal of public office must be treated as a crime against public order like rebellion. Revision of penalties of government-related crimes. Also. The penalty shall always be a straight one. if the amount defalcated exceeds PHP22. in Republic Act No. Pamaran.200. the penalty is only reclusion temporal in its maximum period to reclusion perpetua. subversion or sedition. which appeared in a fraternal publication:135 First. In malversation. 3019 as amended. the penalty should be the single penalty or reclusion perpetua. has proposed several solutions in the fight against graft and corruption in an article entitled ―Fighting Graft and Corruption‖. Former Presiding Justice of the Sandiganbayan Manuel R. Second. On Probation Law.00.00 or more. It must always be a straight penalty of ten years or twenty years. The uniformity of the imposable penalties is not in keeping with realities. it should be punishable by a single penalty of reclusion perpetua. the Indeterminate Sentence Law shall not apply.Democratic Deficits in the Philippines: What is to be Done?    Enhancing the integrity and effectiveness of government wide and agencylevel financial management systems Improving program performance monitoring and evaluation Limiting congressional discretion over detailed line-items and strictly enforcing public finance rules in remaining cases Legal-Judicial Reforms The recommendations presented here are for the short-term to medium-term.000. No minimum and maximum period. persons convicted of government-related cases should likewise be not covered like those convicted of crimes against national security or public order who are disqualified from the benefits of the probation law. 79 . who is also a former public prosecutor and a trial judge.

exploration and/or development of the natural resources of the Philippines. No. exploitation. revocation or suspension of. Trial should be finished within a period of ten months from first setting and decision rendered within a period of two months from termination thereof. Consequently. P. We had tried this before with success when the Sandiganbayan first functioned. affording the culprit to delay the proceedings to their advantage for as they still hold office during the proceedings. In order that compliance with the aforesaid periods will be observed. utilization. should always be accompanied by a writ of attachment of property of the accused to avoid concealment or disposition to satisfy the civil liability or fine. preliminary injunction or preliminary mandatory injunction in any case involving or growing out of the issuance. Fourth.D. there should be no issuance of temporary restraining orders or injunctions except those issued by the Supreme Court. the warrant of arrest issued. Fifth. which prohibits issuance of any restraining order. or restraining order in any case involving or growing out of labor disputes‖. they can adapt ways and means to favor them to the disadvantage of the prosecution and the public dealing with them. approval of disapproval. Also. licenses. 605. ―no writ of injunction shall be issued by any court to delay an investigation. patents. which prohibits injunction against financial institution regarding collection of debts from borrower and Articles 213 and 214 of the Labor Code which prohibits any court to issue ―temporary or permanent injunction. On Substantive Reforms The following substantive reforms are recommended to be carried out in the mediumterm: 136 80 . which provides. In preliminary investigation of government related cases. or any action whatsoever by the proper administrative official or body on concessions. The present rules are too long. permits. because of the number of cases pending before the Sandiganbayan the number of division of the Sandiganbayan should really be increased to 15 but they should always be based in Metro Manila to insulate the proceedings from external influence.Democratic Deficits in the Philippines: What is to be Done? Third. There can be no reason why we cannot have it now.D. P. the proceedings must be terminated and resolved within a period of 30 days from filing thereof. This is similar to Section 14 of the Ombudsman Act of 1989. Government-related cases should be set for trial within a period of two months from filing to five for allowance to motion to quash. or public grants of any kind or in connection with the disposition. 385. arraignment or other related matters. where the graft cases involve recovery of sum of money or property.

The World Bank‘s similar and other recommendations may also be implemented in the medium-term and long-term:137 Anticorruption efforts should focus on preventing and eliminating root causes of corruption. and 3. with whistle blower protection provisions. investigation and prosecution of graft. The goal is to change the current perception of corruption in the Philippines—from a ―low-risk. Recap of “What is to be done?” Political Reforms  Reform campaign finance and end or prohibit political dynasties 81 . 2. but government‘s capacity to detect corruption and sanction corrupt practices should also be strengthened. Amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions to keep up with developments in governance. to strengthen the prevention. Codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws. Enactment of an additional law.Democratic Deficits in the Philippines: What is to be Done? 1. low-reward activity.‖ The following actions would strengthen the anticorruption institutions:       Fast-tracking—for successful prosecution—a few high profile pending cases of alleged graft and corruption Merging the Presidential Commission Against Graft and Corruption with the Ombudsman‘s Office and strengthen the latter‘s capacity Strengthening capacity of the Sandiganbayan Supporting capacity building in forensic audit at Commission on Audit and corruption prevention at the Civil Service Commission Streamlining and simplifying the legislative and regulatory framework involving corruption and civil service codes of conduct Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. high-reward‖ activity to a ―high-risk.

Democratic Deficits in the Philippines: What is to be Done? Institutional Reforms      Target selected ―problem‖ agencies for government reform enhancing transparency based on the public‘s priority concerns Strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President Seriously consider the proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform Strengthen third party enforcement in order to reduce or check ineligible. public oversight and civil society  Enhance civil society participation by increasing transparency through public oversight and by preventing corruption through collective action Encourage government employees themselves to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK. political appointments Reform the pay incentive system to make it more competitive and reduce temptations for corruption Strictly adhere to the officers/officials/managers merit system of promotion and selection of  Civil liberties. the confederation of public sector unions of Philippine government employees  Corporate responsibility (international agencies and FDI)  Develop government-private sector partnerships in combating corruption Fiscal Policy  Conduct a major overhaul of the Philippine tax system because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes Financial Controls  Minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people 82 .

warrant of arrest to be accompanied by writ of attachment of property. Local governments were the ―natural‖ ways of life before ―national‖ was created for consolidation during periods of occupation. E. and no issuance of temporary restraining orders except by the Supreme Court Carry out substantive reforms such as enactment of an additional law with whistle blower protection provisions. the overcentralized structure of our political system which has been permeating our politics for so many centuries many times goes against the many democratic principles that underpin our political system. conduct of speedy trials or fast-tracking of high profile cases. increasing penalties for certain offenses. termination and resolution of preliminary investigation proceedings within 30 days.    83 . Thus. colonization. codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws Study the possible merging of the Presidential Commission Against Graft and Corruption with the office of the Ombudsman Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions.Democratic Deficits in the Philippines: What is to be Done?  Pass the bill on the Freedom of Information Act to pave the way for the full disclosure of all government transactions involving public interest Simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions Reform budget processes to achieve discipline. allocative efficiency and operational efficiency   Legal-Judicial Reforms  Undertake specific procedural/penal reforms such as imposition of straight penalties. Local Government–National Government Relations Local Governments Local governments are anterior to national government.

The Philippine Local Government System: History. environment to include community based forestry services. These basic services are in the field of health. public works funded by local funds. 81 provinces. in addressing the decades old supremacy of Manila pejoratively labeled ―Imperial Manila. 1. The 1991 Local Government Code was a monumental devolution of powers from the national government. Ocampo and Elena M. where are we now? In brief. 1985).138 (See Figure 1) For over six decades of its existence. and Department of the Interior and Local Government (DILG). the Local Government Code of 1991 has the following basic features:  It devolved to the local governments the responsibility for the delivery of various aspects of basic services which used to be within the jurisdiction of the national government.Politics and Finance. agriculture. Panganiban. This law devolved authorities in health. agriculture to include agricultural extension and on-site research.‖ and the politico-economic stranglehold of the center that has resulted in the paralysis of the extremities. (Manila: Local Government Center. Nineteen years hence. 136 cities.495 municipalities and 42. social services including social welfare services. education through the school 84 . many attempts to move away from the centralized administration of the past centuries of colonial rule to restoring to its local units the governance of the citizenry. Figure 1: Structure of Local Governments in the Philippines National Government Provinces Highly Urbanized Cities and Independent Component Cities Municipalities Component Cities Barangays Barangays Barangays Source: Based on Romeo B. the Philippines has seen many. 1991 Local Government Code The 1991 Local Government Code was seen as the most radical and the most comprehensive. to include field and hospital services and other tertiary services. thus far. social welfare and environmental protection.008 barangays.Democratic Deficits in the Philippines: What is to be Done? The Philippines is divided into 17 administrative regions.

Many studies have advocated an urgent need to review the Internal Revenue Allotment (IRA) of the local governments particularly in the light of the creation of more cities following the Supreme Court decision. telecommunications services. float bonds and obtain loans from private institutions. and the local school board.  It also devolved to local governments enforcement of regulatory powers like reclassification of agricultural lands. inspection of food products and quarantine. housing projects and other services. 85 . the local health board.139    Major Challenges of Local Government-National Government Governance 19 years hence. in broad strokes. tourism in terms of facilities. enforcement of environmental laws. forestry and fishery. what are the major challenges of local government-national government governance viewed through the implementation of the 1991 Local government Code? Capacity building is the constant battle cry of the local governments on whom so many erstwhile national government functions were devolved but so little finances to support them given. approval and processing of subdivision plans and establishment of cockpits and holding of cockfights. the Asian Development Bank came out with a comprehensive report on Philippine governance. It included.140 No other extant study has covered all the bases as did this report so we are quoting it at length below. increasing their share from the national taxes. The Code also increased the financial resources available to the local governments by broadening its taxing powers. promotion and development.Democratic Deficits in the Philippines: What is to be Done? building program. operation of tricycles. providing them with specific share from the national wealth exploited in their area through mining. enforcement of national building codes. the Internal Revenue Allotment (IRA) and given them additional tax power for local fees and other charges. The Code also provided the local governments the power to enter into buildoperate-transfer arrangements with the private sector. an identification of the many issues and challenges of local governance in the Philippines as well as recommendations on how the intergovernmental relations between the national and the sub-national units may be enhanced. The Code also provided for the participation of civil society in local governance as it mandates participation of NGOs and PO or people‘s organizations local bodies like the local development council. In 2005.

This has disturbed the ecology of the local government employees. Partnerships with NGOs and people‘s organizations through the various local government agencies and other decision making entities have yet to be enhanced and effectively enforced. the local governments have organized themselves into leagues to more effectively articulate their interests and realize their goals. The organizational aspects of these leagues as well as communication and coordination among them present a challenge for more effective articulation of their demands. The problem is exacerbated where the devolved employee has a salary higher than the chief executive of the local unit to which he has been transferred. At the top of the list is the need for an urgent review of the Internal Revenue Allotment (IRA) formula which has been the bane for many local governments as they struggle to support the many devolved services. Alternative 86 . As the devolved functions required more knowledge. the local governments manning these devolved agencies needed a major education and training program to keep them up to speed with the requirements of the devolved agencies. The many disasters and environmental challenges that the local governments experienced have brought them to the realization of the need to restructure themselves and establish collaborative institutions as avenues for cooperation and coordination of activities for optimum use of resources and optimum results.Democratic Deficits in the Philippines: What is to be Done? Major challenges identified:  Lack of financial support for the devolved personnel. Given their limited resources. the local governments found themselves hard pressed to pay salaries of these devolved personnel. For the past ten years. It was noted that close to 65. Performance indicators and benchmarks and good practices for many areas of local governance have yet to be adopted and consensually agreed upon by the local units.to medium-term.000 erstwhile national government personnel were transferred to the local units after the Code. Many studies have identified the need to reexamine the formula for the reckoning of how much IRA each local government unit will get. The new desired structures still have yet to be reconfigured. We recommended that performance measures and poverty indicators should be included in the bases of the allocation. skills and competencies.      What is to be done? There are several things that can be done within the short. Capacity and skills building noted earlier was also identified as a major challenge. The Local governments were mandated to pay for their salaries.

The call for professionalization of the secretariats of the various leagues has also been made by many quarters. Experiences of other cities elsewhere in the world may be instructive for this purpose. enhanced and periodically reevaluated so there is a consensually accepted measure of local governments not only for purpose of the IRA but more importantly for its citizenry to be confident that the democratic deficits are indeed being addressed.Democratic Deficits in the Philippines: What is to be Done? ways of raising revenues by the local units also need to be explored as well as more efficient ways of collecting local taxes to be adopted. then. there is a need to coordinate all other education and training agencies to more efficiently deliver these services as well as to avoid overlaps and duplications of activities. Recap of “What is to be done?”  Reexamine the IRA formula such that performance measures and poverty indicators should be included in the bases of the allocation Explore alternative ways of raising revenues by LGUs Adopt more efficient ways of collecting local taxes   87 . The Code has provided for public sector–private sector collaboration but these relationships still have to be enhanced so public services will be more efficiently and effectively delivered. Local governments are at the forefront of governance. we create islands of effective governance which will only redound to the increased credit to our democracy. With the Local Government Academy at the helm. If their effectiveness is enhanced. The ADB report recommended exchange programs with other countries which have already experienced the enhancement of their leagues. Documenting and replicating best practices in other local governments in the country will be very useful. The need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels has been identified by the ADB report. The performance indicators should be developed. There is also a need for the identification of ways to enable the local governments to cooperate and collaborate in many aspects of governance particularly in the areas of disaster management and environmental protection and preservation.

The 2007 coup attempt also included then Major (now General) Danilo Lim. exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out Identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance.Democratic Deficits in the Philippines: What is to be Done?  Develop an Integrated Master Plan for capacity building and training for Local governments at various levels.142 88 . a political analyst. including the last one by marine officers on November 29. It was led by Col. municipal mayors. It involved the military occupation of several hotels in Makati City. the country‘s premier financial district. the various coup attempts in the past 24 years have: …unmasked an alarming political reality -. The most serious one was that of December 1989 which nearly toppled Aquino. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform The Armed Forces of the Philippines and Military Interventionism There have been at least thirteen aborted coup attempts since 1986--nine against President Corazon Aquino from 1986 to 1989 and four against President Gloria MacapagalArroyo since 2001. provincial governors). 2007. city mayors.141 According to Anamdo Doronila. enhance and periodically reevaluate performance indicators for LGUs     F. who has been involved in virtually every coup attempt against the government. particularly in the areas of disaster management and environmental protection and preservation Document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions Develop. the Local Government Academy can coordinate all other education and training agencies Professionalize the secretariats of the various leagues (barangay chairmen. Gregorio ―Gringo‖ Honasan.the hijacking of Philippine democracy and sidelining of constitutional authorities when the police and military responded to the crisis provoked by a rebellious segment of the Armed Forces… They highlight the fragility of democracy and the ever-present danger of military intervention as the arbiter of political crisis lurking just underneath the surface of our unstable democracy.

the Ramos administration devised its own strategy for dealing with ―military rebels. than let them out of the system and risk their involvement in criminal or rebel activities. Prof. the military was deeply split. Ramos." he said. their promotions have been fasttracked partly as a result of the peace process. "lagged behind all his batch mates in promotion. For in truth. It was better to put these soldiers under military control. In 2003. erases culpability." Many who agree to this strategy insist it was the best choice under the circumstances. for its members to return to the status quo. [Felipe] Miranda likened this to a tactic of balancing terror.community. However. "(You) probably just have to exact penalties like what they have done to (Lt." he pointed out. the Estrada administration collapsed after the AFP general staff pulled out its support." he said. who joined the communist movement but was accepted back. to cease hostilities. Ramos justified his amnesty program. and the defection of military units to the rebel side. "Amnesty." "Corpus.) Victor Corpus.‖ The Philippine Center for Investigative Journalism reports: But the Ramos government apparently deemed the recommendations inappropriate for its peace agenda. As a result of this benign type of military intervention Filipino-style. on the part of RAM.144 89 . followed by massive civilian participation behind the mutinous faction. both sides went to the negotiating table with organizational interests at heart: on the part of government. "The basic rule there is you don't annihilate the enemy. the constitutionally mandated supremacy of civilian authority over the military has never been firmly established.Democratic Deficits in the Philippines: What is to be Done? He also noted that the: Two regime changes in which the Armed Forces intervened (those of EDSA 1 in 1986 and EDSA 2 in 2001) were a porous mix of the participation by the military and civil society.and opens the way for reintegration into the." He also described it as "a tool for national reconciliation and empowerment. Col.143 The Davide Commission. In the February 1986 coup. "tempers the retribution of the state against (rebels)." Yet in the case of the RAM leaders. presented a set of recommendations to then President Fidel V. tasked to investigate and present a report in relation to the 1989 coup attempt. After the signing of the pact. said a senior defense official. It did not even invite any of the commissioners to the peace negotiations with RAM.

Col. …the military‘s access to arms has affected the way administrations have treated it vis-à-vis appointment to government posts. Some 1. now deputy director for logistics of the Philippine National Police. then home to the military's T28 planes. 90 . and for so long as weak civilian institutions remain vulnerable to destabilizing forces. which include the officer corps of the Armed Forces. for so long as there are insurgencies and rebellions that make the nation dependent on its armed forces. newly appointed commissioner for the Caraga region of the Economic Intelligence and Investigation Bureau. Journalist Glenda Gloria documented the presence of soldiers in post-EDSA governments and had these findings: …the appointment of officers in the civilian posts is reflective of the rent-seeking character of the country‘s influential sectors. Batac led troops in seizing TV stations during the 1989 coup. a group of university alumni. Billy Bibit. the Ramos government granted unconditional amnesty to 3. For so long as the military brokers political transitions. including four who have been promoted to general like Victor Batac. we see not only ― military dynasties‖ but also blocks and turfs controlled by various elite groups such as fraternity organizations. …………………………………………………………. while Turingan led the attack at Sangley Point in Cavite. or a law firm. according to military records.Democratic Deficits in the Philippines: What is to be Done? A news report presenting an update on the careers the military officers and personnel involved in the 1989 coup attempt bears this: Almost all of them are back in service.675 soldiers who had been previously charged have also returned to the military. In various departments and agencies. Four others are working in the different line agencies of government.145 Military officers have since entered the civilian bureaucracy occupying key positions in government. like former PC Lt. Following the peace agreement it signed in 1995 with the Rebolusyonaryong Alyansang Makabansa (RAM). This number excludes 55 military officers who remained in active service because they had not been formally charged in court. A total of 153 military officers who had been jailed or charged for the 1989 coup have been reinstated.731 military officers and soldiers involved in the 1989 and 1987 coup attempts. this pattern of military appointments to the bureaucracy shall continue.

the military‘s foiled rebellion in 1986 is also what led to a people-power uprising that deposed that dictatorship. and were given a free hand in coercing civilian agencies. Samuel P.146 According to Prof. Since that time. soldiers who figured in the nine coup attempts against former President Cory Aquino or were implicated in the assassinations of labor leader Rolando Olalia and Bayan leader Lean Alejandro were not only pardoned but were even reintegrated and promoted. Military organizations or factions since the Reform the Armed Forces Movement (RAM). or as a liberator that turns the tide in political standoffs. Misused to impose the Marcos dictatorship in 1972 that lasted for 14 years.Democratic Deficits in the Philippines: What is to be Done? Regimes will choose this path rather than risk an armed confrontation with their politicized soldiers. Roland Simbulan. including the once-independent judicial system. Huntington. The role of the military in political transitions has always put this institution in a crucial role as either the embodiment of the apparatus of repression. the Armed Forces of the Philippines has also been factionalized by enemies from within. the Harvard professor who wrote The Soldier and the State as well as other books on the role of the military in Third World countries. This was not a healthy direction for this institution which now began to look at itself as a sector that could compete for its sectoral interests in Philippine politics and society.147 Prof. the Young Officers Union (YOU). Meanwhile. But its image nevertheless was tarnished during the dictatorship as a hatchet institution for repressive dictatorship. Military officers were assigned to manage civilian institutions in exchange for their loyalty to the dictatorship. Soldiers of the Filipino 91 . coming from the ranks of its most elite units and most respected combat-tested field commanders. the military has become—dangerously—a highly politicized institution. Simbulan further adds: Many officers who figured in tortures and disappearances and played god in summary executions as documented by Amnesty International were not only left unpunished but were even promoted. there were many concessions given by the government to military rebels which do not augur well for Philippine democracy: Embroiled in a nationwide anti-insurgency war and a Muslim rebellion in the island of Mindanao since the late ‘60s. suggests that the propensity for military intervention increases when government institutions are weak. This was also the case in officers involved in corruption and unexplained wealth who were left untouched. when strong political parties are absent and when a government‘s legitimacy is put into question.

and now the Magdalo.152 92 . The contributions may be in cash or in kind. based on length of service. LGUs justify these contributions on the grounds that they rely on PNP officers to perform peace and order functions. A study of the ADB has shown that: Other factors—such as LGUs contributing resources to the local police and playing a recommendatory role in the recruitment of police officers. and maintaining police–community relations) is allocated to the field offices. highly centralized administration is a source of inefficiency. the relatively low compensation scheme for PNP personnel remains an obstacle to attracting highly qualified candidates. While salaries of the PNP personnel have increased. a limitation that results in rapid turnover and lack of continuity in leadership positions. Less than one-fourth of amounts supporting police operations in the field (investigation. Mandatory retirement is at age 56 years. see Annex K. may vary in amount from place to place.) The Philippine National Police and Political Pressures Compensation scale in the PNP remains a major concern in relation to raising the morale of personnel in the force. and the Local Government Code authorizing LGUs to supervise the day-to-day operations of the police—make the police vulnerable to the control of local officials.‖149 A study of the Asian Development Bank (ADB) explains that: More than 95% of the national government‘s appropriations for PNP are centrally managed. As in the case of the courts.148 (For a brief history of the AFP and the PNP.150 The increased role of local government units in relation to local police stations and to the PNP in general have made the PNP vulnerable to pressures and influence from local political leaders. curbing corruption and making it independent of political interests. It has been estimated that up to 60 percent ―of all police officers live below the poverty line and most live in squalid slums. They advance by promotion from within.Democratic Deficits in the Philippines: What is to be Done? People (a spin-off of the Nationalist Army of the People of Marcos loyalists). are today a threat to the constitutional stability of a nonpartisan military. intelligence. including salaries for police in the field. Candidates enter PNP on the recommendation of local authorities. and a clean record with regard to complaints. completion of training.151 The study elaborates: The local police receive resources from LGUs and are tasked to maintain peace and order within their jurisdiction. and might not be documented in a transparent manner. examinations.

and barangay elections.. there remains some confusion regarding the roles of DILG. and city police directors. NAPOLCOM. together with NAPOLCOM (the national commission to which the PNP reports in accordance with the Constitution) are placed under DILG. It is NAPOLCOM. if not eliminate the influence of local politicians on the PNP: Incumbent mayors and other elected local executives are not allowed to exercise control and supervision over police deployed in their respective areas all throughout the election period for the May 10 automated polls. in a press release.f. Citing specifically Section 51 of RA 6975. A Supreme Court decision on the matter notwithstanding. district. The Commission on Elections (COMELEC) deputizes the PNP and the AFP for the orderly conduct of elections with the primary role of maintaining peace and order in the polling places.Democratic Deficits in the Philippines: What is to be Done? Other government agencies and institutions further add to the pressure: PNP is also adversely affected by unclear lines of authority. Versoza explained that while Republic Act (RA) 6975 gives city and municipal chief executives the authority to ―employ and deploy‖ territorial police forces. However. provincial. measures are taken to minimize. the AFP is deputized to secure and protect the Board of Election Inspectors (BEI). all of which have their own sets of requirements and procedures. PNP. In election hotspots. said it was issuing the reminder to further their moves to insulate the police from partisan politics. and ballot boxes. this authority is suspended during the election period. and LGU officials in relation to PNP. at the same time PNP field officers are under ―operational supervision and control‖ of city and municipal mayors.3. local. Such confusion is compounded by the fact that PNP officers may be subject to disciplinary proceedings before a number of agencies. The Philippine National Police (PNP). 93 . which monitors PNP performance and serves as a forum for appeals from disciplinary actions. and governors and mayors have the authority to choose PNP provincial directors and chiefs of police. as explained in Section A. and all of which hold hearings. Election season is a particularly sensitive situation for the PNP. Versoza said the local government‘s exercise of operational supervision and control over PNP units cannot be invoked 30 days immediately preceding and 30 days following national. the voters. At a conference in Camp Crame with regional. the above mentioned conditions have brought about ―institutionalized politicization‖ of the PNP.153 Apparently.154 In the recent May 2010 elections. and not DILG. PNP director-general Jesus A. the polling precincts.

yung mga nagpapagamit sa pulitika (The provincial police 94 . Alaminos City and Capiz.‖ Verzosa said. favoring one mayoralty candidate in Pampanga. the local police forces shall be under the supervision and control of the Commission on Elections (Comelec). Pampanga municipal police chief Senior Superintendent Abel Lingat to a different police station during the election period. The Liberal Party earlier decried the arbitrary replacement of local police directors in areas where the administration is perceived to be weak. The Independent Commission Against Private Armies (ICAP) also known as the Zeñarosa Commission asked Comelec chairman Jose Melo in a letter to direct Philippine National Police (PNP) chief Director General Jesus Verzosa to immediately "rotate" their provincial directors in Region 9 during the election period.Democratic Deficits in the Philippines: What is to be Done? He added that during this period. yung mga overstaying na dahil may kapit sa itaas." ICAP commissioner Herman Basbano told reporters after he submitted their request to the office of Melo. The ICAP said the PNP should monitor the actions of the provincial directors to "ensure" that they will not be "beholden" to any political figure in their provinces. and orderly elections. "Ang mga provincial police director na dapat tamaan ng rigodon. it should focus on areas where the local police are likely to be used for partisan political purposes. yung mga talagang kumakampi sa mga lokal na pulitiko. peaceful. The ICAP likewise asked Melo to order Verzosa to transfer Porac. "The same police (officer) got involved in partisan politics.155 Police chiefs were also reshuffled to derail any attempts by local politicians to use police personnel for political ends: A panel tasked to disband politicians‘ armed groups on Tuesday asked the Commission on Elections (Comelec) to allow the reshuffling of police chiefs to avoid tie-ups with local executives suspected of harboring private armies. thus helping ensure honest. ―This specific provision of the law guarantees that our policemen will not be utilized by local government executives in partisan political activity. such as LP strongholds Cavite. 156 But such efforts by the PNP were criticized by some quarters as being intended for the Arroyo administration‘s political ends: Senator Mar Roxas emphasized that if the DILG must reshuffle its local police directors.

provincial. Case intelligence build-up operations are now underway for the launching of appropriate police or legal actions against these groups. those who obviously side with some local politicians.Democratic Deficits in the Philippines: What is to be Done? directors who should be affected by the rigodon are those who are already overstaying because of connections upstairs. those allowing themselves to be used in partisan politics).157 To further insulate the police force from partisan politics. Verzosa clalrified that the memorandum was ―not mandatory but voluntary. Verzosa said. a remnant of post Philippine Constabulary-Integrated National Police (PC-INP) force dissolved in the 1990‘s after the enactment of the PNP Law. but continuous monitoring is ongoing to preclude all possibility that these groups will be employed for violent partisan activities related to the elections. there are widespread complaints about the so-called ―monopolized promotion system‖ allegedly controlled by police officials with the ―mistah mentality‖: …It was noted that juicy positions and questionable promotions were only delegated to the remaining 500 Philippine Military Academy (PMA) graduates. The PNP did not name names. Twenty-two (22) other PAGs have been monitored to be dormant or inactive.040 armed members.160 From within the ranks of the PNP. Sixty-six (66) active PAGs operating in 12 regions have been monitored to be undertaking legal and illegal activities that benefit a particular political interest. Police officers who graduated from PMA hold important positions and ranks higher than their Philippine National Police Academy (PNPA) counterpart. although the warring political groups in the province could be narrowed down to two. 95 . dealing with private armed groups has been complicated by the ties of such groups to the PNP structure itself. The order affected senior officers assigned as chiefs of police offices in the regional.159 However." Roxas stressed. I suspect not only that the silence of police officers has been bought. An account of a native of the province of Abra illustrates this: The last I heard. city and station levels. However. PNP Director General Jesus Verzosa ordered all unit commanders who are set to retire from April 15 to June 30 to relinquish their posts. but also that they are afraid to be transferred or be placed in ―floating status‖ because the warlords‘ networks reach well within their organization. the Philippine National Police (PNP) was monitoring seven private armies.‖158 The PNP has been tasked to monitor private armies or Partisan Armed Groups: The PNP has monitored a total of 112 Partisan Armed Groups operating in the country with an estimated 4.

They had raised the issue many times but nothing comes out of it.162 What is to be done? The challenge to remove political pressure from the AFP and the PNP appears to be a simple problem but has become a deeply ingrained one. Ricardo J. Jr. by Republic Act No. with distinguished personalities from academe and the private sector as members: Carolina G. those who can succeed the president are the vice president. 6832. The Davide Commission was formed in December 1989 by Presidential Administrative Order (AO 146) and later. Not even former presidents. Inc. that will be the one to run the country.‖ he said. It was headed by Hilario G.Democratic Deficits in the Philippines: What is to be Done? PNPA graduates claimed that they are not being treated equal by the PMA police officials. ―Not even Ramos. It will take determined political will to address this challenge by implementing the key recommendations contained in the Davide Commission and the Feliciano Commission reports which have not yet been implemented. The following selected short-term recommendations of the Davide Commission are still relevant today in order to prevent or in dealing with actual coup attempts (See Annex L for details of the Selected Recommendations of the Davide Commission. that will insulate the PNP from partisan politics is also presented. Delfin L. Whoever is followed by these institutions (AFP and PNP). Administering a justice and rehabilitation program to military participants 2. Senate president and Speaker of the House of Representatives. Hernandez. and to follow-through on those that have been implemented. 2010. Under the Constitution. Monsod. especially where there may be sympathetic guards 96 . Romulo. The somewhat ―radical‖ recommendation previously proposed by CPRM Consultants. Enrile said not even former President Fidel Ramos and other former presidents can take charge if there is an election failure. Lazaro and Christian S. to conduct a thorough fact-finding investigation of the failed coup d‘etat of December 1989 and to recommend measures that would prevent the occurrence of similar attempts in the future.):163 1. in that order. Davide.161 The image of a politicized AFP and PNP can be summed up in a statement made by Senate President Juan Ponce Enrile before the May 2010 elections that: …it would be the AFP and the PNP that would choose the nation‘s transition leader in case President Arroyo‘s successor and those who are in the line of succession to the presidency are not proclaimed before June 30. The strengthening of security measures on those under detention.

7. with the help of civilian experts. the following recommendations for the long-term made to then President Fidel V. 11. 10. 6. intelligence. The observance of a systematic selection process for the new Chief of Staff that generates the least controversy about the choice. with more participation by local government officials. The immediate implementation of a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat 5. operations. Just as in the civilian government. An immediate stop to unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. The immediate disbandment of organizations not authorized by the military. i. educational benefits abroad. The provision of sufficient resources and support to the Deputy Ombudsman for the Military.e. An immediate audit of the value formation program of the military and. Ramos are still relevant (See Annex L for details of the Selected Recommendations of the Davide Commission.): 1.Democratic Deficits in the Philippines: What is to be Done? 3. 97 . 12. 14. 8. 9. In addition. and the training of field commanders to carry it out. Speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel. The immediate removal or reassignment of officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. and training functions. Speedy action on appeals over decisions of AFP courts-martial 4. a crackdown by the military on some "big fish" corrupt officers. and compulsory attendance at military command schools. The expansion of the government‘s information program which has considerably and commendably improved since December 1989. especially those before the Commission on Appointments. The purchase or charter by Congress of its own transportation facilities and prohibition on their use of military equipment and aircraft. purchasing and auditing. 13. The institutionalization of necessary improvements in the military in the areas of promotion and assignments. logistics.. the formulation of an intensive program (essentially constructive indoctrination).

Simplify AFP procurement procedures 2.). Bernas. Set tenure limits for AFP finance and procurement officers 6. Strictly implement control measures over supplies 5. Reduce the amount of CMF in GHQ/service HQ hands 4. Control commanders‘ discretionary powers over the CMF 3. Roland A..J. Liquidate present RSBS in an orderly manner 2. The President and the Commission on Appointments must work out a system by which recommendations for promotions can be categorized in practice to avoid the exploitation of the confirmation process for political purposes. Consolidating existing hospitals into fewer units could probably result in better medical services. The State of the AFP Medical Services On the financial side. Minerva P. Joaquin G. Commodore Rex C. Initiate an AFP Service and Insurance System B. Return the soldiers‘ RSBS contributions 3. 98 . Robles. Reyes as Vice Chairman. On the management side. G. It made the following recommendations which are still relevant today and may be implemented in the medium-term (See Annex M for Selected Recommendations of the Feliciano Commission.. The RSBS Problem 1. The Feliciano Commission completed its work on the 2003 Oakwood mutiny on October 17. and the following as members: Carolina G. Narciso. and Capt. The AFP Procurement System: Conversion and Other Problems 1. Feliciano as Chairman. Modernizing the AFP: Funding and Consequential Problems Reinforce the Office of the Ombudsman by increasing funding and other support D. geographic distribution of hospitals should be reviewed. Establish an autonomous Internal Affairs office (IAO) C. 2003. S. The commission was composed of Florentino P. in accordance with the original statutory intent. part of the funding of the AFP Modernization Program generated from the sale of Fort Bonifacio land should be dedicated to the modernization and upgrading of medical services.Democratic Deficits in the Philippines: What is to be Done? 2. Hernandez. AFP (Ret. We propose that the above two recommendation may also be applied similarly to the PNP.):164 A.

and (4) Strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service must be ensured. The data should not only be accurate and up to date but also immediately accessible. we support the following recommendation of CPRM Consultants. dedication of more efforts and funds to the improvement of the AFP medical services. The Inadequacies of AFP Housing for Officers and Enlisted Personnel (1) The AFP budget should provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program.: Removing negotiable and highly discretionary support from LGUs. probably merits consideration and trial and validation. E. needs no documentation. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. The close relationship between the prompt availability of adequate medical services when needed by troops engaged in encounters with hostile forces. What is needed is. G.Democratic Deficits in the Philippines: What is to be Done? The suggestion that doctors be hired as doctors and compensated according to their level of expertise and experience and not according to rank. reintegrating authority to the PNP Chief to recruit. after realization thereof. (2) The ―overstaying‖ of retired military personnel in AFP housing should be stopped and rectified. removing LGU authority over the internal administration of the police force…165 99 . computerized information systems are called for. and the fighting efficiency and morale of such troops. Clearly. The Problem of Benefits for Soldiers Killed in Action …What is needed is the strengthening of the record system of the personal data of soldiers and their dependents. A government counterpart to the premium paid by soldiers to PHILHEALTH insurance should enhance the benefits which the military can receive. Inc. Finally. (3) The number of privately owned quarters in all military bases should be reduced. if not totally eliminated.

Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Implement the key recommendations contained in the Davide Commission report in order to prevent or when dealing with coup attempts when they happen.e. purchasing and auditing. and training functions Disband organizations not authorized by the military Observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice Crackdown by the military on some "big fish" corrupt officers Stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. and compulsory attendance at military command schools (similar improvements may be done for the PNP) Work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP) o o o o o o o o o  Implement the relevant key recommendations of the Feliciano Commission report o Liquidate the AFP Retirement and Separation Benefit System in an orderly manner and return the soldiers‘ contributions o Establish an AFP Service and Insurance System 100 . i. educational benefits abroad. especially those before the Commission on Appointments Conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel Encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft Provision of sufficient resources and support to the Deputy Ombudsman for the Military Institutionalize necessary improvements in the military in the areas of promotion and assignments. among others: o o o o o Administer a justice and rehabilitation program to military participants Strengthen security measures on those under detention Carry out speedy action on appeals over decision on AFP courts-martial Implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat Remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy.. intelligence. logistics. operations.

appoint and promote and discipline the police force without prejudice to an appropriate civilian review system.Democratic Deficits in the Philippines: What is to be Done? o Simplify AFP procurement procedures o Strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands o Strictly implement control measures over supplies o Set tenure limits for AFP finance and procurement officers o Establish an autonomous Internal Affairs office (IAO) o Reinforce the Office of the Ombudsman by increasing funding and other support o Improve the state of AFP medical services:  Ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services  Review the geographic distribution of hospitals  Study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank o Implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits o Provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program o Ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service  Remove negotiable and highly discretionary support from LGUs. and remove LGU authority over the internal administration of the police force 101 . reintegrate authority to the PNP Chief to recruit.

the Arroyo administration claimed that progress has been made in education. SOCIAL AND ECONOMIC SYSTEMS This chapter will present the democratic deficits in the social and economic systems of the country.354.171      102 .166 Only 2. environment. the fact remains that they are still way below international standards. chairs and desks and other educational materials for the large public school population. population and publicprivate sector partnership.124 classrooms.846. these few improved figures are quite outnumbered by the mostly poor marks that the Philippines obtained in many education areas. Although some performance indicators may have increased in absolute terms.Democratic Deficits in the Philippines: What is to be Done? III. And that the figures pale in comparison to those of other nations is. World Bank notes that developing countries spend 20 percent of its national outlay on education.200 and Japan PhP293. three years after the government began its classroom-building program. a serious sign that Philippine education is lagging behind.440. The average student-to-classroom ratios in neighboring countries are as follows: Malaysia 31. in this age of global competitiveness. A. textbooks. UNESCO estimates that 6 percent of a country‘s GDP should be allotted to education. Education System State of Philippine Education Pointing to a few improved figures in recent years. United States PhP123.169 In 2009. the education system is mired in the lack of teachers. Thailand 22.9:1. computers. Moreover.167 The budget for every student is only PhP6. The following facts and figures depict the state of the Philippine education system:  The government allocates only about 12 percent of its national budget to education. health.53 percent of the Gross Domestic Product (GDP) is set aside for education.168 The ideal student-to-classroom ratio being used by the Department of Education (DepED) is 45:1. It shall include the areas of education. there is still a shortage of 27. Malaysia PhP56.700 per student.7:1. Japan 28.6:1 and India 40:1.170 Year after year. Thailand spends an equivalent of PhP47.

181 1/5 of poor families have children 7-14 years old who never attended school or dropped out early compared to only 1/10 of non-poor families. only 65 will move on to high school.16 million or 16 percent of the population are functionally illiterate: 98 percent of unschooled. 44 percent have not mastered English. or from poorest regions.174 Students spend only 10 years in primary and secondary school. Of the 65 who finish elementary. 52 percent have not mastered Math. 89 percent can only read and write.175 For every 100 children who enter Grade 1.176 Of 638 elementary graduates. compute and comprehend.182           103 . For every ten 5-year-old children. UNESCO reported in 2009 that there were 1. Almost two decades after making a commitment to the Education for All (EFA) initiative. 29 percent of elementary graduates are illiterate youths and adults. There are not enough public secondary schools to take in the large number of elementary graduates. or from rural areas. write.172 There are over a million out-of-primary-school children. only 42 will graduate from high school. only 7 mastered all minimum competencies for elementary level. write. compute but not comprehend. 65 percent can read. only 6 have access to preschool education.179 9. only 41 percent are high school graduates or higher.Democratic Deficits in the Philippines: What is to be Done?   Double or sometimes even triple-shifting of classes in public schools has been adopted to address the classroom shortage.002. Access of 3-5 year-old children to early childhood education remains at a low 34 percent.800 children of primary school age who were not enrolled. from poorest families. 84 percent can read.180 More children who do not finish school or fail targeted competencies are boys. or with least educated parents.173 Many young children do not undergo preschool education due to lack of access and low importance given to early childhood education. and 74 percent have not mastered Science competencies. there are only 8 municipal secondary schools. The Philippines and Mongolia are the only remaining countries worldwide where students spend less than 12 years in primary and secondary education.178 Among the 10-64 year-old population.177 Among high school graduates. For every 40 village primary schools. 35 percent of elementary drop-outs.

and all children aged twelve to 104 . It proves that with the kind of resources the country has. says otherwise.183 The DepED‘s present mantra of school-based management (SBM) is contradicted by its highly-centralized structure.‖185 Various groups have in fact come up with several recommendations to improve the education system. A product of in-depth discussions and consultations among stakeholders and interest groups. BESRA seeks to create an education system that is capable of attaining the EFA goals by 2015.) What is to be done? Much of the problems besetting the Philippine education system have been attributed to lack of funding. whose income is only a fourth of that of the Philippines are doing better. Toward this. Universal Coverage of Out-of-School Youths and Adults in the Provision of Basic Learning Needs: All persons beyond school-age. The government in turn has maintained that despite scarce resources. regardless of their levels of schooling should acquire the essential competence to be considered functionally literate in their native tongue. in Filipino or in English. 3.Democratic Deficits in the Philippines: What is to be Done?   25 years old or more adults who are poor have 3 years less schooling than non-poor counterparts. Universal School Participation and Elimination of Dropouts and Repetition in First Three Grades: All children aged six should enter school ready to learn and prepared to achieve the required competencies from Grades 1 to 3 instruction. the education system should be in a much better position than it is now. A UN report noted that ―the absence of political leadership in the country contributed to the deterioration of education…. as well as intensive research. This section presents the suggested measures that have been advanced. Universal Completion of the Full Cycle of Basic Education Schooling with Satisfactory Achievement Levels by All at Every Grade or Year: All children aged six to eleven should be on track to completing elementary schooling with satisfactory achievement levels at every grade. BESRA sets the following objectives which we support:186 1. 2. The Basic Education Sector Reform Agenda.184 (See Annex N for a detailed discussion of the Major Issues and Challenges in the Philippine Education System. more commonly known as BESRA was drafted in 2006. But the fact that countries such as Tanzania and Zambia. education has continually been given top priority and great efforts have been put out to improve the system.

Developing community ownership of schools. and KRT 5: Change institutional culture of DepED to better support these key reform thrusts. 6. KRT 2: Enable teachers to further enhance their contribution to learning outcomes. Ensuring universal access to education. In order for the basic education sector to achieve the above listed desired educational outcomes for all Filipinos. cultural. EDUCATION NATION. Enhancing basic education by adding two more years to it. a coalition of education experts and concerned citizens has come up with the ―10-Point Education Reform Agenda‖ which offers the following ―10 doable things‖ envisioned to reform the education system:187 1. 5. political. 7. alternative learning systems. Promoting academic excellence by developing globally benchmarked standards of excellence. and private sector participation. 3.Democratic Deficits in the Philippines: What is to be Done? fifteen should be on track to completing secondary schooling with similarly satisfactory achievement levels at every year. 4. 4. Empowering teachers. the BESRA focuses on specific policy actions within five key reform thrusts (KRT) as follows: KRT 1: Get all schools to continuously improve. 2. Strengthening higher education. 105 . KRT 4: Improve impact on outcomes from complementary early childhood education. and economic resources and capabilities to support the universal attainment of basic education competencies in Filipino and English. Total Community Commitment to Attainment of Basic Education Competencies for All: Every community should mobilize all its social. KRT 3: Increase social support to attainment of desired learning outcomes. Increasing the education budget to 4 percent of the gross national product to make it at par with other countries.

etc. 6. Integrating the Commission on Higher Education (CHEd) and the Technical Education and Skills Development Authority (Tesda) into the Department of Education to ensure unity of educational policies. faculty competence and educational resources. Supporting private education. world-class national center of 106 . Building transparency and accountability.Democratic Deficits in the Philippines: What is to be Done? 8. Upgrading all curricula at all levels and in all major to world-class standards in terms of subject requirements. in order to establish a rational system of national. 2. Roger Posadas. provincial and municipal/ city universities and colleges. computers.5 percent of GDP to make it comparable to those of Malaysia and Thailand. Upgrading the competence of elementary and secondary school teachers by revising their bachelor‘s education and reversing it from one consisting of two-thirds teaching methodology and one-third content to two-thirds content and one-third methodology. 4. 3. student-teacher ratios. classroom facilities. and doubling those of faculty at state universities and colleges. 5. 10. Maximizing alternative learning. Raising the budget for education to at least 20 percent of the national budget and 4. 9. Ensuring conformity by public and private schools at the basic levels to at least the Thai and Malaysian standards in terms of teacher competence. 9. 8. Increasing the length of pre-university education from 10 to 13 years by adding a compulsory kindergarten and a two-year senior high school. Internet access. a professor from the Technology Management Center of the University of the Philippines suggested that the 10-Point Education Agenda be amended to include the following which we support:188 1. provided they meet certain criteria of qualifications and performance. Trebling the salaries of public school teachers at the basic education level. regional. Upgrading at least one selected university department in every academic discipline into an honest-to-goodness.‖ similar to the California master Plan. Dr. 7. Adopting a ―National Master Plan for Public Higher Education.

All the indicators show that these are poor performing divisions because Management cannot devote enough time or resources to improve on such situations. These strategies would differ given different realities as in the following: (1) School divisions  Small divisions (under 50 public elementary and secondary schools)  Medium-size divisions (from 51 to 250 public elementary and secondary schools)  Large divisions (from 251 to 750 public elementary and secondary schools)  Extra-large divisions (over 750 public elementary and secondary schools) The staffing and organizational pattern of school divisions should vary depending on size. DepED has to learn to apply different strategies for different schooling contexts. As an organization of highly dispersed parts. At the same time. etc. The practice of a single division staffing pattern prescribed by the Department of Budget and Management should be thrown out. Change from “structure before strategy” to “strategy driving structure” The start of governance must be clear outcomes and goals. former DepED Undersecretary Miguel Luis Luz made the following recommendations which we support:189 1.Democratic Deficits in the Philippines: What is to be Done? excellence in terms of research and teaching facilities. DepED would be wise not to prescribe a single structure for all cases. These are simply too large. Instituting entrepreneurship courses in all tertiary degree programs in order to reorient students from an employment focus to an entrepreneurial mind-set. doctoral programs. unwieldy. Overhauling the system of commissioning reviewing and publishing textbooks to avoid the printing and distribution of erroneous books. there should be no extra-large divisions in the country. 10. All 107 . 12. The education system must break away from the current government practice of ―one-size-fits all‖. 11. Upgrading the training of technicians to world-class standards and developing an educational career path for technicians similar to the German system. Focus on Education for All goals as the means to keeping policy on track despite frequent changes in leadership. To address governance issues in the education system. and therefore unmanageable as far as quality results are concerned. research productivity.

a greater role for local school boards and school governing councils. At average class sizes of 40. 108 . By the same token. elementary schools should be limited in size to no more than 1200 pupils for the six-grade cycle. (2) Schools Elementary level  Large urban central school  Small urban primary school (incomplete elementary)  Small urban school (complete elementary)  Large rural central school  Small rural primary school (incomplete elementary)  Small rural school (complete elementary)  Multi-grade rural school (complete)  Multi-grade rural school (incomplete)  Madaris school (for Muslim Filipino children)  Alternative learning center (for children not able to attend regular schools) Secondary level  Large urban school  Small urban school  HS annex of a mother school  Large rural school  Small rural school  Science high school  Technical high school There are as many variants as there are community situations. A school with a larger teaching complement will have difficulty in terms of management of results given a single principal. where these are ready. The Department must be more flexible in allowing for local schools to be differently organized and managed. This entails a faculty of no more than 63-65 teachers. more manageable school sizes will result in better performance overall measured in EFA terms. Thus. this would mean around 30 teachers for a maximum size school. To prescribe a single schooling arrangement and even a single curriculum is to assume that all school settings are equal and similar. at the minimum. In terms of school size. it is a recommendation that no high school should have more than 2000 students.Democratic Deficits in the Philippines: What is to be Done? extra-large divisions should be split up into two large divisions. Smaller.

Once recognized as a ―principal‖. The ―mother tongue‖ policy of DepED should be encouraged and promoted at the lower elementary levels as the way by which children learn the basics. This is particularly important for Muslim Filipino children and those of indigenous people (IP). Principal rank would not be linked to school size.Democratic Deficits in the Philippines: What is to be Done? (3) School heads There is need to de-link principal rank from school size. like teacher positions. II and III) Master Principal (for rank IV and a new rank. This runs counter to the global experience that smaller schools perform better in all indicators. this DBM rule favors mediocrity. Under the current DBM rules. DepED should continue to support this as well as the promotion of local history as a way to keep local children and their parents engaged in formal schooling. Principal IV rank (the highest in the service) requires large school sizes and a faculty that may run up to 100 teachers. As such. II and III would be subject to a PRC examination that would ensure managerial and pedagogic standards. Other geographic area considerations include: schooling for nomadic or wandering communities and different academic schedules/calendars for farm-based communities. Madrasah schools for the former and alternative learning centers for the latter should be consciously and progressively pursued by DepED. should be professionally-regulated. movement from ranks I to III would be based on performance and merit. This would remove the bias by ambitious principals to aspire for large urban central schools and provide small rural schools with the opportunity for qualified principals. Even small schools could be run by master principals. A PRC190 rating could be introduced at two levels:   Principal (for ranks I. (4) Geographic and sociological considerations Language and culture are important attributes of geographic areas. albeit unknowingly or unwittingly. V) Under this proposal. Principal positions. Entry to the Master principal rank (Principal IV and V) would be through an advanced licensure exam similar to the second-level examinations given by the PRC (as in the case for master engineers). 109 . entry into the rank of Principal I.

Multi-year budgeting will also allow for DepED to lay out a trajectory towards realizing Education for All targets with a spending plan that is realistic and can be planned and programmed. Consistent with the drive for accountability. the Department together with DBM and the Development Budget Coordinating Committee of NEDA can lay out multi-year budget ceilings to guide planning. however. good or bad. the DBM has a new framework—Organizational Performance Indicators Framework (OPIF)—which lays out the annual targets. While DepED budgets will continue to be approved annually by Congress. this means procedures and inputs as opposed to outputs. the system is stuck with that individual for an average of over 30 years. Focusing on standards will have two effects on governance in DepED: 110 . this is an incentive. both budgetary and performance. 3. For a poor or under-performing teacher. This becomes a long-term system problem. For a good teacher. But these reforms are necessary if the system is to be assured that once hired. Focus on standards not standard operating procedures Short term leadership and planning horizons tend to focus on the immediate. With multi-year budgeting. a teacher or administrator) has security of tenure once hired. Safeguards would have to be introduced to ensure that corruption in teacher hiring is not repeated twice as far as the individual teacher is concerned. a teacher will be an asset rather than a liability in the system. From budgeting without accountability to outcome-based budgeting A multi-year budget for education will allow for inputs to be matched up against outputs from previous spending. For DepED.e. 4. with security of tenure starting from the date of hiring. From “security of tenure” to merit-based performance evaluation and rewards Civil service rules provide that a government worker (i. of all government agencies including DepED. standards. A simple proposal requiring an amendment of law would be to provide for a oneyear probationary period for newly-hired teachers to determine whether or not they possess the qualities of a good teacher worthy of being retained in the system. The Magna Carta for Teachers enacted into law in 1966 provides all teachers. this can be shifted to outcomes and by extension.Democratic Deficits in the Philippines: What is to be Done? 2.

Once eliminated. there is a need to institutionalize a Mother Tongue-Based Multilingual Education in the basic education sector. national or local. Teachers can continue to man the individual election precincts and schools can still be used as polling stations provided their duties end with the closing of precincts and voting. decisions on schooling and education matters at the local and national levels should be based on policy considerations and community demand and not on politics. then no change for good will occur. There is a need to fully implement the BESRA. superintendents and even regional directors should be minimized if not eliminated altogether. teachers will be relieved of having to manually count votes. Considering the ethnic diversity of the Philippines.Democratic Deficits in the Philippines: What is to be Done? One. it will shift the center of gravity from central office to a collaboration between central office and the field (particularly school divisions). principals. with some amendments. But if stakeholders in the system do not begin to start articulating that such politics undermines the quality of education and schooling in the country. With automated voting. In order to do this. 111 . And this will continue to be the reality for as long as teachers remain in charge of election counting. it will downplay the importance of short-term leadership and highlight longer-term outcomes as the focus of attention of the bureaucracy. if not election duty overall. There is also a growing consensus among educators that at least two years of education— one year for basic education and one year for high school—should be added.191 The Adopt-a-School Program of the DepED must be widely promoted among the private sector and focus on feeding programs and financial assistance that will address the problem of poor families not having enough means to send their children to school. political interest in the hiring of teachers. The recent pattern of politicians alternating with academicians as secretaries of education reflects this reality. supervisors.192 The premise is that more time spent by the student in school with emphasis on effort and hard work will lead to higher educational achievement. Once this onerous task is removed from teachers. Focus on policy not politics The Department of Education is a plum political post. The governance structure of the Philippine education system is still a long way from this reality. Two. 5. The long-term and permanent solution to this situation is to take teachers out of election counting. the national government must be serious about modernizing the election system through automated voting.

(See Annex O for Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003.) 112 . Industry should be actively involved. Japan has 223 days and South Korea has 225 days as of 2003. Thus. In the Philippines.193 Malcolm Gladwell. although make-up classes are supposedly required for the student to catch up with the lesson plan. particularly in the elementary and high school levels. Certain universities and colleges or other knowledge centers outside the universities must be able to specialize in research and development or specific fields of professional endeavor based on inputs from business and industry. Japan reportedly has 243 school days. and research universities. vocational/technical/trade schools or institutes. with the lack of public school classrooms in some areas in the Philippines. may be increased. the quality of education in the existing ones should be improved. as well as the number of school hours per day.‖194 In reality. we support the recommendation of several educators and experts that instead of adding more and more state universities and colleges. However. some schools implement 2-3 class shifts per school day which results in decreased number of school hours per day for the student. and in turn. The learning process is further interrupted by typhoons that lead to school day cancellations. China has 221 days. high schools and HEIs so that learning is cumulatively linked and synchronized through the various levels of schooling.195 As to higher education. Another growing consensus among educators is that high schools must be able to produce college-ready graduates.197 We hope that all these concerns will be discussed in the agenda of the strengthened Literacy Coordinating Council (See Annex P for complete text of the Act Strengthening the Literacy Coordinating Council or RA 10122. Alternatively. Higher Education Institutions (HEIs) must be able to produce work-ready graduates. undergraduate universities. there must be a feedback system between and among the curricula of elementary schools.‖ explains ―You have the time to learn everything that needs to be learned—and you have less time to unlearn it. in his book ―Outliers: The Story of Success.196 In relation to this. However. the number of school days per year. 203 to 205 school or instructional days are required per school year which appears to be sufficient when compared to other countries like the United States which has 180 days. there is a need to formulate a new official typology of HEIs that may consist of the following: junior or community colleges. there is a need to regulate the entry of foreign education institutions into the country in order to set standards for higher education. graduate institutions. and Australia which has 196 days.) As of 2009.Democratic Deficits in the Philippines: What is to be Done? We also recommend increasing the number of school days per school year and providing the full school hours per school day for each student.

allowing for a spending plan that is realistic and can be planned and programmed.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Increase budget for education and change existing budget policies o Increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4. provincial and municipal/city universities and colleges and the regulation of the entry of foreign education institutions o Upgrade one selected university department in every academic discipline into an honest-to-goodness world-class national center of excellence o Integrate entrepreneurship courses in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set. focusing on feeding programs and financial assistance. prescribing a single structure for all cases o Build transparency and accountability Enhance basic education o Fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. regional. including mother tongue-based multi-lingual education in appropriate areas in the Philippines o Promote the Adopt-a-School Program of the DepED among the private sector.    113 .5 percent of the GDP) o From budgeting without accountability to outcome-based budgeting o From annual budgeting to multi-year budgeting. thereby shortening summer vacation o Promote academic excellence by developing globally benchmarked standards of excellence Enhance higher education o Adopt a national master plan in order to establish a new typology of HEIs and a rational system of national. Improve governance of the public school system o Change from ―structure before strategy‖ to ―strategy driving structure‖ o Focus on standards not standard operating procedures o Provide policy continuity o Focus on policy not politics o Break away from current practice of ―one-size-fits-all‖. in order to address the problem of poor families not being able to send their children to school o Ensure universal school participation and eliminate/ reduce dropouts and repeaters o Add two more years to basic education (one additional year for elementary and one additional year for high school) or alternatively lengthen the number of school days and school hours.

the Philippines is under pressure to achieve its Millennium Development Goals on Health. provided they meet certain criteria of qualifications and performance Increase participation of stakeholders o Develop community ownership of schools o Get parents to be more involved Enhance managerial skills of DepED Administrators and School heads and enable them to address local situations and poor outcomes Synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates Halt the designation of additional universities and improve the quality of education in existing and universities and colleges.     114 . women. Based on current trends. health and other social services available to all the people at affordable cost. and children.Democratic Deficits in the Philippines: What is to be Done?  Develop quality of teachers o Revise bachelor‘s education reversing it from 2/3 teaching methodology and 1/3 content to 2/3 content and 1/3 methodology o From ―security of tenure‖ to merit-based performance evaluation and rewards o Treble the salaries of public school teachers at the basic education level. disabled. Disparities in Access to and Use of Health Care Section 11 of Article XIII of the 1987 Philippine Constitution states that: The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods. elderly. Health Like any other third-world country. the poor health outcomes show that there is a need for improvement in the system. including specializations B.) The arduous effort to achieve these goals is affected by various issues in the health sector presented in this chapter. (See Annex for a detailed discussion of RP Millennium Development Goals on Health. and double those of faculty at state universities. There shall be priority for the needs of the under-privileged sick. the Philippines continues to struggle with many health issues. The State shall endeavor to provide free medical care to paupers. Though a number of programs have been launched to address health issues and concerns.

poorly compensated government health workers are unable to influence behaviors of their high earning private sector counterparts within the change-resistant environments of their respective professional organizations. former Dean of the UP College of Medicine and former Secretary of Health. for lowest income groups these services are largely inaccessible and unaffordable. Ernesto Domingo. Alberto Romualdez. The Philippines‘ health sector is dominated by commercial interests of a segment of the system that is not really about health outcomes but is primarily about bottom-line profits. and Dr. led by Dr. of public financing for health.    115 . The combined weight of the uncoordinated spending for health by the national government. inappropriately trained. the disparities in access to and use of health care in the Philippines are the result of the following deficiencies:199  Basic health services as well as tertiary care for the majority of Filipinos are inadequate. reveal that there are significant differences in health status. Much of this commercial dominance of our health care system is the result of a failure. Table 8 presents the disparities in health outcomes among groups. These gaps are attributed to inequities in access to and use of health care. inefficient.‖ According to the document. have put together the ―Blueprint for Universal Health Care 2010-2015 and Beyond. former Chancellor of UP Manila. and incomplete. Human resources for health are insufficiently educated.198 Table 8 Conventional Health Status Indicators Rich Urban Communities versus Poor Rural Communities Rich Urban Communities Over 80 years Less than 10 Less than 15 Poor Rural Communities Under 60 years Over 90 Over 150 Life Expectancy at Birth Infant and Child Mortality Maternal Mortality Ratio A group of professors and experts. and poorly motivated to address the health care concerns of most Filipinos in the setting in which they live.Democratic Deficits in the Philippines: What is to be Done? Health is a basic human right guaranteed by the constitution. however. At least in part due to this. so gross as to constitute a default. local governments and our national social health insurance program has been so low and so weak that it has driven our health system into a debilitating dependence on out-of-pocket payments by patients. fragmented. Disaggregating health status indicators according to income and geographic location. As a result.

In real terms. who do not have pockets to begin with. Based on reports in the early 1990s.200 The most common malnutrition problems in the country are:201 1. 4. poor growth. 2. deaf-mutism.Democratic Deficits in the Philippines: What is to be Done? Malnutrition Twenty-five (25) percent of Filipino children under ten years old are underweight or stunted. Protein-Energy Malnutrition (PEM) – A lack of energy and protein which results in growth retardation.815) compared to the poorest (average of P 1. But. nightblindness (inability to see in dim light) eyes sensitive to bright light. 3. more than half of this is accounted for by out-of-pocket spending which is highly regressive for the poor. Iron Deficiency Anemia (IDA) – A deficiency in iron wherein hemoglobin concentration is below the normal level which results in short attention span. rough dry skin and membranes of nose and throat . When compared across income groups. This high figure however. is already an improvement. reduced ability to learn and irritability. telling signs of nutrition problems. the share of social health insurance 116 . This has penalized the poorer majority of the population. 30 to 40 percent of the same age group was undernourished. In addition.915). with the rising food prices and incidence of poverty in the country. over-all government spending in health has been decreasing. Vitamin A Deficiency (VAD) – Lack of vitamin A that may result to xeropthalmia (dryness of the eye). mental retardation. Public Spending on Health Public spending on health is so low that it has resulted in an over-dependence on out-of-pocket expenses. The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ is made up of health reform strategies to address the following issues and challenges that they identified:202 1. Iodine deficiency Disorders (IDD) – Lack of iodine in the body which results in goiter. and blindness in severe cases. this nutrition gain is considered to be at risk unless proper measures are put into place. owing largely to reductions in national government spending with minimal growth in local government spending. Although total health care spending in the country amounted to close to P 200 B in 2005. low body resistance to disease. the richest groups are spending more (average of P 23. This translates to 4 million children who are undernourished. and stunting of the limbs. difficulty in standing or walking normally.

fragmented. discontinuities between levels of care. the investment climate for developing the industrial production of health products and supplies is uncertain. inefficient. 117 . 4. Health Regulations (including regulation of pharmaceuticals and other health care goods) The system for health regulations has been chronically weak. As a result. 2. The Philippines‘ health human resource problems are the result of its dysfunctional health workforce structure. there is no evident effort to coordinate workforce production with real health needs. Organization of Health Services (basic/secondary/tertiary services) Health services at all levels for the majority of Filipinos are inadequate. there is no local pharmaceutical industry that can address the need for affordable medicines for the Filipinos. Moreover. a country that produces some of the world‘s best doctors. Pricing and marketing of pharmaceuticals and other health care products have distorted national expenditures on these items in such a way that essential.Democratic Deficits in the Philippines: What is to be Done? spending remains at a dismal 11% of total health expenditure more than 14 years after the establishment of PhilHealth. Human Resources for Health In the Philippines. life-saving goods are either too expensive or absent from the market while items of dubious value dominate trade and commerce. The output of a workforce production system that is de-linked from the actual needs of the Philippine system are health providers for whom service is a lower priority than personal professional advancement. 60% of Filipinos who die do so without the benefit of health professional attention. It suffers from regulatory capture being primarily driven by the interests of the enterprises trading in health care goods. 3. At the policy level. As a result. This fragmented system has to contend with a population that has doubled since the 1980s while total resources allocated for health have not kept pace with this rapid population growth. a commercial market philosophy pervades all programs of teaching and training institutions—including the best of government-supported agencies such as the University of the Philippines Manila. nurses and other health workers. For example. fragmentation is a main feature of the Philippine health care delivery system from several perspectives: public/private segregation. over-specialization. and incomplete. ineffective and has not been used as an effective policy instrument. For many in the lowest income groups these services are also inaccessible and unaffordable. as well as geographic disparities in quality and quantity of services.

Although the Local Government Code provides for the establishment of Local Health Boards. The functions of Centers for Health Development and the role of DOH in local health service development remains unclear and unfocused. the Department of Health launched the HSRA program which is a comprehensive set of reforms aimed to improve the health sector through: a) expanding effective coverage of national and local public health programs. it is not optimally used as a resource. DOH continues to exercise direct supervision and control of nationalized hospitals whose roles and relationships within the health system are not yet clearly defined. Despite a relatively mature communications network. Capability-building on basic health information management is direly needed at all levels of the hierarchy. 2.Hospital reforms – Provide fiscal and managerial autonomy to government hospitals. Most of the existing information programs are not guided by a strategic framework creating disintegrated silos of data. revenues 118 . and c) reducing the financial burden on individual families through universal coverage of the National Health Insurance Program (NHIP) . Communities tend to be passive recipients of health services rather than active participants in its determination. to personal health services delivered by both public and private providers. only a few Local Health Boards actually function as a governing body. In addition. Health Governance (national and local responsibilities) The structure of DOH remains the same as it was in the pre-devolution period. hospital operations are cost efficient. Health Programs The Health Sector Reform Agenda (HSRA) In 1999. In fact.Local health systems development – Promote the development of local health systems where networking among municipal and provincial health facilities are functional and sustained by cooperation and cost sharing among local government units (LGUs) in the catchment area. especially by the poor. Health Information Health information management in the Philippines is at best rudimentary and ministerial. The country suffers from lack of leadership and organization. 6.) It consists of five interrelated health reform areas:204 1. but poses greatest strategic value in reforming the health system. which involves improving the way hospitals are governed and financed so that quality of care is improved. b) increasing access. there are no explicit provisions for community participation.Democratic Deficits in the Philippines: What is to be Done? 5.203 (See Annex R for Specific Health Programs of the DOH.

devices. it is imperative that up-to-date.Public health program reforms – Strengthen the capacity of the DOH to exercise technical leadership in disease prevention and control.) It is important that a thorough and comprehensive analysis and study of these existing laws and programs be conducted so as to get a better picture of what really needs to be done. social and economic issues in the country. and facilities are safe. What is to be done? As is true in many political. and provide the NHIP greater leverage to ensure value for money in benefit spending. Before any reform is instituted. and sustain funding for priority public health programs over a period required to remove them as public health threats. as data is scattered. 4. government programs‘ mandates overlap resulting in the lack of actual figures. prime importance should be given to creating and managing a database that will aid in the crafting of new laws and programs. cohesive and complete data be made available. Many times. More importantly. and dependence on direct budget subsidies are reduced. 5. The following sections are proposals crafted by two groups which are perceived as an answer to almost all major issues in health care in the Philippines which we support. Although there are government agencies that are tasked to put them together. there are already many laws that are in place as well as many programs that have been launched to address them.Health regulatory reforms – Strengthen capacities of DOH to exercise its regulatory functions to ensure that health products (particularly pharmaceuticals). The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ recommends the following to address the issues and challenges they identified that was discussed in a previous section:205 119 . affordable. (See Annex S for list of Philippine Laws Governing Health Care. Thus. and of good quality.Democratic Deficits in the Philippines: What is to be Done? are enhanced and retained. 3.Social health insurance reforms – Expand the coverage and enhance the benefit package of NHIP so as to effectively reduce the financial burden to individual families through effective risk pooling. enhance the effectiveness of local public health delivery systems. the information that is put out is more often than not outdated. it is crucial to determine whether these laws and programs have produced the desired outcomes.

for local government units. ii. This can be financed from the present PhilHealth reserves and increasing premiums collection through: i. Integrate and strengthen health workforce regulatory functions under one body (i. Increased benefits of the system should be in place first while measures to increase revenues are being worked out. 120 . Implementing this spending and financing plan shall be divided into two phases: securing buy-in the first three years of the new government in 2010 and implementing financing strategies in the latter half of the six-year term. will be expanded to include increasingly sophisticated services as further resources for health are identified and allocated over time. the development of an initial package of basic health services to be made available to every Filipino given the present resources available to the health system. mandatory increases in the proportion of IRA to be spent for health. and deployment of the various health professions. b. National government spending to be financed through borrowing (including re-financing of existing debts). additional tax sources. Significant increases in the PhilHealth support value for identified services in the basic package. commission) attached to the Department of Health (initially by executive mandates but eventually through legislation) to unify standards and regulations of the production. 2. especially among the poor. mandatory membership to PhilHealth for residents of the Philippines.Democratic Deficits in the Philippines: What is to be Done? Health Care Financing Reforms as the key to Universal Health Care Reform approaches (Proposals) 1. Human resources for health Reform approaches (proposals) 1. This basic package which should address the most critical health needs of the population in terms of disease burden. and ii. and reallocation from non-social service sectors. Quantum increases in tax-based government spending at both national and local levels to a combined level approximately equal to 5% of total government expenditures (at least 75 billion pesos per annum).e. i. These can be achieved by: a. practice. Financing the health system reforms can be done through multiple funding sources with the goal of significantly reducing out-of-pocket spending especially by those in the poorest income deciles within the next three years.

efficient and effective. Health Regulations (including regulation of pharmaceuticals and other health care goods) Reform Strategies (Proposals) 1. including creating an efficiency coordinating mechanism in drug and technology regulation. Further strengthening of other regulatory functions of DOH. 121 . A revisiting of the Local Government Code and its implementation with the view of enabling government facilities to be more integrated. Mandate government health workforce teaching and training institutions to tailor production for service to underserved communities either as government (national or local) or civil society professionals 2. Registration and other regulatory requirements for health goods should be re-designed to ensure not only safety and effectiveness of health products but also affordability especially for government agencies. 2. other government agencies and local governments to promote compliance with the equity and other objectives of health sector reform. It should define and update the practice of each health profession. allowing for greater flexibility and cooperation to include continuing education and trainings for these professions. 2. The integration and organization of government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. 3. (See Annex T for complete text of Alma Ata Declaration. Full implementation of the BFAD Strengthening Law based on the principle that health concerns take precedence over business interests. Update and rationalize practice laws of the different health professions premised on health care being a team effort.) They should provide integrated health services either directly or through a unified and formalized referral system. The Department of Health should have the responsibility for developing and negotiating terms and conditions for installing such a system with the local government units.Democratic Deficits in the Philippines: What is to be Done? a. Strict regulation of marketing and other promotional activities for health products including advertising prohibitions for certain goods. Rationalize the system for health workforce remuneration across the professions to take into account the principles of primary health care. Organization of Health Services (basic/secondary/tertiary services) Reform approaches (Proposals) 1.

All information concerning the operations of any component of the health system should be available to all stakeholders. standards setting and supervision of PhilHealth. implementation and monitoring and evaluation of health programs. 122 . collect and analyze major health data necessary for implementation of Universal Health Care. The DOH is envisioned as the national institution tasked to ensure the implementation of the reforms leading to universal health care. rational acquisition and better utilization of technology. Empower citizens as data generators and as information users. 3. including burden of disease. Local health service delivery should be coordinated at the provincial level to ensure more coordinated and responsive local health care system. This initiative should be led and facilitated by the DOH with the PhilHealth Information Network as its backbone. This council should also include the private sector.Democratic Deficits in the Philippines: What is to be Done? Health governance (national and local responsibilities) Reform approaches (Proposals) 1. regional. Its envisioned mandate is centered on regulation. 2. 5. and guarantee better regulation of hospitals and other health facilities 4. Create a national council to provide leadership on the design and implementation of eHealth strategies in the country. actual costs of health services. Autonomous and authoritative hospital authority or hospital boards should be established. Create a national health data dictionary available for use by stakeholders. policy-making. planning. Community participation at all levels of the management cycle should be strengthened: situational analysis. 3. historical utilization and budget for health services: national. especially in areas with limited access to public hospital facilities. provincial and municipal. Identify. This includes requiring health providers and facilities to submit mandated health reports electronically using standard formats as well as developing the capacity to analyze routine data [from mandated reports] for decision making [local/program] 4. Health information Reform approaches (Proposals) 1. 2. Transparency should be the norm for all institutions involved in health care. The council will be mandated to craft a national eHealth masterplan anchored on the principles of primary health care and designed to maximize the use of information technology for health service delivery. including the cross-integration between government and private hospital systems to enable sharing of resources.

Need to link the HSEF211 with the medium term expenditure framework of the rest of the social sector agencies.208 Need for policy makers and LGU209 partners commitment toward full provision of HHR210 benefits provided by law (Magna Carta for Health Workers) Need to improve access to public health commodities including but not limited to contraceptives. Stronger research should inform all stakeholders. and condom use for the prevention of HIV/AIDS and STD. Gap of PhP2 billion for field level surveillance for Avian and Human Influenza. wholesaling and distribution strategies and retailing strategies. Strengthen health research through the establishment of the Philippine National Health Research System (PNHRS). The paper identified the gaps and weaknesses in health care and gave the following recommendations:206  On Nutrition. Better partnerships with civil society and private sector in pursuit to the overall harmonization to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. micronutrient supplements and essential drugs by strengthening sourcing strategies. there is need for a comprehensive multisectoral strategy for child and mother. Need to urgently address limited access to essential public health services including but not limited to family planning. tetanus toxoid immunization. During the Philippine Development Forum in 8 March 2005. Need for immediate approval of the amendment of the IRR of EO 51207. Need to strengthen health promotion strategy by o Sin Taxes Implementing Rules and Regulations o Capacitate LGU to behavior change         123 . the Joint Health Sector Sub Working Group prepared a paper that was presented by then DOH Secretary Manuel Dayrit.Democratic Deficits in the Philippines: What is to be Done? 6. including the community. Need to continually address HIV/AIDS – as ‗hidden but growing‘ specifically because zero positivity has increased among IDUs212 and commercial sex workers.

mandatory increases in the proportion of IRA to be spent for health. Proposal to commit to the benchmark/measurements. practice. and harnessing community participation at all levels of the management cycle     124 . Update and rationalize practice laws of the different health professions premised on health care being a team effort. Organize health services (basic/secondary/tertiary) by revisiting the Local Government Code and its implementation. and deployment of the various health professions. Proposed support for 70/30 on granting to LGU. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration Review and Strengthen Health Regulations (including regulation of pharmaceuticals and other health care goods) Improve health governance through DOH as lead institution in implementing reforms leading to universal health care. improving provincial-level coordination of local health service delivery. additional tax sources. o Increase PhilHealth support value for identified services in the basic package.  Integrate and strengthen health workforce regulatory functions under one body to unify standards and regulations of the production. establishing autonomous and authoritative hospital authority or hospital boards. and reallocation from non-social service sectors o For local government units. Recap of “What is to be done?”  Reduce out-of-pocket spending on health by financing health reforms through multiplefunding sources o National government spending to be financed through borrowing (including refinancing of existing debts).Democratic Deficits in the Philippines: What is to be Done?    Get PHIC213 commitment to expanding benefit package for the poor and improving payment mechanism from PHIC. This can be financed from the present PhilHealth reserves and increasing premiums collection.

liberty. tetanus toxoid immunization. micronutrient supplements and essential drugs by strengthening sourcing strategies. Civil and political rights (e. institute a comprehensive multi-sectoral strategy for child and mother Increase access to essential public health services including but not limited to family planning. Ecological and environmental human rights belong to the third ―generation‖ of human rights. environmental protection and other environmental matters are presently being addressed through human rights. Various classifications of rights exist. social and cultural rights (e. while economic. but implies that the exercise of other human rights indispensably requires basic environmental health". but a classification that has become popular is what is referred to as ―generations‖ of human rights. Environment Human Rights and the Environment The issue of environmental degradation. C.Democratic Deficits in the Philippines: What is to be Done?    Manage and organize health information to maximize its value in reforming the health system On nutrition.214 The 1972 Stockholm Declaration on the Human Environment recognized the link between human rights and environmental protection stating that ―[m]an has the fundamental right to freedom. and ecological and environmental human rights are ―third generation‖ rights. in an environment of a quality that permits a life of dignity and well-being…‖215 However.216 (See Annex U for the 1972 Stockholm Convention.g. and condom use for the prevention of HIV/AIDS and STD Improve access to public health commodities including but not limited to contraceptives. work) are ―second generation‖ rights. privacy) are ―first generation‖ rights. rights to life. rights to health. apparently.)     125 .. wholesaling and distribution strategies and retailing strategies Link the Health Sector Expenditure Framework with the medium-term expenditure framework of the rest of the social sector agencies Continually address HIV/AIDS—as ‗hidden but growing‘ specifically because zero positivity has increased among injecting drug users and commercial sex workers Promote partnerships with civil society and private sector to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort.g.. education. the Stockholm Declaration "does not actually proclaim a right to the environment. equality and adequate conditions of life.

do not function solely through formal international procedures. create an enabling environment in which human beings can lead secure and creative lives-thus promoting realization of all human rights. • development project and activities undertaken through a process that violates rights of participation.g.g. It is the most important prominent international instrument in the standard-setting process for environmental human rights and reflects the progression towards international recognition of a right to environment. and by facilitating the mobilization of public pressure for the protection and promotion of human rights and the environment. and their national counterparts. like all human rights.. certain large-scale dam-building and infrastructure projects). After all.217 In 1994. and accountability. national governments and international organizations. a Draft Declaration of Principles on Human Rights and the Environment was produced by a group of experts on human rights and international environmental law which was featured in the report of the Special Rapporteur on Human Rights and the Environment. • development projects and activities undertaken through a process that respects human rights (including rights of participation and inclusion) are invariably environmentally-friendly as well. are indeed important. by raising awareness of the public. transparency. 126 . binding international legal instrument which would elaborate environmental human rights. environmental human rights. unsustainable exploitation of the tropical rain forests). The Draft Declaration represents a restatement and codification of principles already contained in national and international legal systems.Democratic Deficits in the Philippines: What is to be Done? The creation of new environmental rights is warranted by the following: • development projects and activities which consciously or wantonly degrade the environment. by advancing the process of creation of implementing monitoring and redress mechanisms. But even in the absence of such an international legal instrument. are usually accompanied by heavy environmental costs as well (e. the Draft Declaration can serve as the focal point for the development of institutions and procedure to enhance protection of the rights contained therein. are usually accompanied by human rights denials and violations as well (e. • development projects and activities which consciously strive to protect and rehabilitate the environment. which are also contained in existing international human rights instruments… The Draft Declaration has the potential to make significant contributions to protecting human rights and the environment by advancing a standard-setting process. The value of the Declaration lies in its use as a reference point for national and international systems and as a vehicle for the development of a formal.218 According to a scholar: The Draft Declaration presents a comprehensive restatement of the essential components of environmental human rights. although such procedures.

and inter-state conflicts than countries that do not have comparable resource assets. ―The principles set out in the Draft Declaration reflect and build upon the rights found in both national and international law. The collapse of regional fish stocks may be triggered by the loss of habitat essential to the life cycle of commercial fish species. results when resource users compete for declining supplies of resources such as forests. cutting forests or clearing new lands for farming in the headwaters of a watershed can have a negative impact on water flow and water quality downstream.221 Experience has shown that conflict. national courts have used the Draft Declaration as a basis for decisions on environment matters and have found legal support in the Draft Declaration in deciding in favour for the protection of the fundamental right to a healthy environment.Democratic Deficits in the Philippines: What is to be Done? The principles in the Draft Declaration do address the key issues implicated in the interrelationships between human rights and the environment. Right to act to protect the environment 3. and people are a complex life community—all ecologically linked and should therefore be viewed as an integrated whole. The Draft Declaration consists of a Preamble and some 27 Principles set out in five "parts. and to access to environmental justice A discussion of each of these rights in the Philippine context as they are affected by human actions is on order. environmental human rights cover three broad areas which will be discussed in more detail in relation to the experience of the Philippines: 1. fish and water. 127 . soils. which is often violent. Right to a clean and safe environment 2. forests. Although this instrument is non-binding legally. to participate in environmental decision-making.220 To sum up." According to Stand Up for Your Rights. Right to a clean and safe environment Scientists today increasingly recognize that crops.‖219 A scholar‘s annotation of the Declaration is found in Annex V which helps underscore the legal foundations of environmental human rights. Resource degradation and over-exploitation is a phenomenon that adversely affects the poor who may be displaced by competition for vital resources such as falling water tables as a result of the action of other water users. Right to information. discussion and action on the Draft Declaration will help promote and protect human rights and the environment through recognition. and that governments often fight wars over national interests such as oil and water. Various scholars have found that states with valuable natural resources are four times more likely to experience intra. implementation and enforcement of environmental human rights. water. For instance. Widespread dissemination.

Scarcity-induced interstate war over. conflicts between the developed and developing worlds) over mitigation of. Indicators of Environmental Degradation The country‘s supposed natural sources of economic wealth are rapidly being depleted or destroyed due to man-made and natural causes threatening the right of Filipinos to a clean and safe environment.e. by factory emissions. and as a result 74 percent of its population is vulnerable. and Manila Bay weren‘t able to absorb the huge volume of rainfall. ozone depletion. in turn. volcanic eruptions. Civil strife (including insurgency.Democratic Deficits in the Philippines: What is to be Done? especially when the loss of these natural resources threatens the livelihood of communities. According to the Global Facility for Disaster Reduction and Recovery. threats to biodiversity. and the ability of states to meet these changing demands 4. logging or dam construction 2. The Laguna de Bay. environmental scarcity could plausibly produce five general types of violent conflict affecting these countries moving from the most local to the most global type. The Philippines is considered one of the most disaster-prone countries in the world considering that it lies on the western rim of the pacific and along the circum-pacific seismic belt. adaptation to. Disputes arising directly from local environmental degradation caused. and decreases in fishstocks223 Thus. where there is a prevalence of storms.222 According to a scholar: During coming decades. North-South conflicts (i. people‘s livelihoods. typhoons. the behavior of elite groups. earthquakes. and coups d‘état) caused by environmental scarcity that affects economic productivity and. at least 60 percent of the total land area of the country is exposed to multiple hazards. then DENR Secretary Lito Atienza explained that ―The structures on the lake and the water lilies obstructed the free flow of water to the China Sea.224 The massive flooding caused by tropical storm ―Ondoy‖ in Metro Manila in September 2009 is being attributed by the government to climate change with the downpour of a month‘s equivalent of rain in just six hours. floods. In addition. water 5. instead it flowed to nearby communities. banditry. Pasig River. for example. for instance. these are: 1. there is a need for research-based solutions that reflect a commitment to the avoidance of potential conflicts over the use of resources that will adversely affect the poor and marginalized. Ethnic clashes arising from population migration and deepened social cleavages due to environmental scarcity 3. and compensation for global environmental problems like global warming. droughts and other natural hazards.‖225 128 .

be – Université Catholique Louvain – Brussels – Belgium.4 Indonesia 223 27. Guatemala 12. Solomon Islands Source: World Bank 226 Examining comparative country data.9 East Timor 19 2.6 Philippines 237 29.4 Myanmar 21 2.0 Vietnam 124 15. embat. Somalia 16. China 6. Vanuatu 7.4 Thailand 89 11. almost 30 percent of the disasters that occurred in Southeast Asia for the period 1990-2009 (Table 10) occurred in the Philippines indicating that the country is in the ―path‖ of disasters. Bangladesh 26. Hong Kong. Kitts and Nevis 2.6 Lao PDR 22 2.Democratic Deficits in the Philippines: What is to be Done? Based on the World Bank‘s Natural Disaster Hotspot list of countries most exposed to multiple hazards the Philippines ranks 8th with 268 recorded disaster events over the last three decades.7 Malaysia 52 6.0 Source: EM-DAT : The OFDA /CRED International Disaster Database www. 129 . *as of data generated on April 2009. Macau. Table 10 Total Number of Disasters in Southeast Asia 1990–2009* Country Number Sample % Timor-Leste 2 0. Ecuador 15. Japan 19. Nepal 10.4 Total 807 100. Philippines 9. St.4 Cambodia 15 1. South Africa 17. China 4.2 Singapore 3 0. Costa Rica 8. (See Table 9) Table 9 Countries Most Exposed To Natural Hazards From Multiple Hazards 1.

Gradually.227 These natural disasters have resulted in high death tolls and extraordinary damage to property and the environment. and are concentrated in two forested regions: northern Mindanao and northeastern Luzon. they also take lives. like riverbanks.230 However. there are many other forces at work that have adversely affected Philippine forests. and esteros (urban waterways). it reduces soil fertility and crop yields (the loss of one centimetre can lower yields of corn by almost 100 kg per hectare). Improper land use in the uplands is reducing top soil layers. Expanding inappropriate fertilizer and pesticide use foster nutrient imbalances and groundwater contamination. causing further soil erosion. These natural disasters damage crops and properties. 140 of these licenses existed. Twenty‑two volcanoes are active. by mid-1997.000 in Ormoc in 1991 woke up many others. bridge waterways. While environmental groups lobbied for a commercial ban. The accelerated loss of soil has several adverse impacts. between June and November. about 20–30 typhoons hit the country yearly. A journalist observes: 130 . He said that ―The consequence of unabated migration to urban areas is haphazard human settlement. only 21 remained. Agricultural yields in lowland areas are stagnating. For the farmer.‖229 Often. degradation of forests. Soil erosion has become prevalent: Population pressure is stimulating cultivation of fragile upland areas. Flooding and landslides have reportedly been aggravated by excessive logging and cultivation of upland areas. primarily volcanic eruptions and typhoons. In 1992. disasters serve as a wake up call: The great flood that killed over 4. poor disaster-preparedness and weather forecasting systems have made the environment problem worse. Sedimentation in coastal areas due to unsustainable land use in upland areas continues to be a severe threat to coastal eco-systems. and there have been several destructive eruptions in recent times. with 21% of agricultural lands and 36% of non-agricultural lands throughout the country assessed as moderately or severely eroded. policy makers imposed a series of restrictions on the timber industry that slowed down the treecutting.228 An economist has asserted that the country‘s high population growth rate together with weak urban planning. increasingly beset by salinization and water logging. timber licenses have been phased out or cancelled. Too many people are staying in areas that should not be a place for settlement.Democratic Deficits in the Philippines: What is to be Done? The Asian Development Bank notes the Philippines vulnerability to natural disasters: The Philippines is vulnerable to natural disasters. In addition. A 1989 ban on lumber exports was followed by the outlawing in 1991 of logging in virgin forests.

the Philippine cockatoo. Historically logged for timber products. and the enormous Philippine eagle. this declined to 70 percent. old-growth. freshwater and marine ecosystems has resulted in an unprecedented biodiversity crisis such that coastal and marine resources are being degraded. placing it among the top priority hotspots for global conservation. other forces are rushing into the uplands vacuum. closed-canopy forest‖ is left while ―a mere three percent is estimated to remain in the lowland regions. the forests are also being cleared for farming needs and for developments to accommodate the nations growing population. … The country is one of the few nations that is. in its entirety.232 By the 1900s.234 According to Conservational International. but have been caught logging instead. Smugglers entice poor residents to cut and deliver rare hardwoods for illegal sawmill operations.237 131 . This includes over 6. a rampant practice even in so-called protected areas like the Palanan wilderness. About 14 percent of the original vegetation remains as secondary growth in various stages of degradation. Migrant settlers have moved into the uplands in large numbers. these areas would probably be capable of regeneration if they are not disturbed further.93 million hectares) of the total land area of 30 million hectares. Amphibian endemism is also unusually high and boosts unique species like the panther flying frog. Tree plantation companies and even avowedly non-profit organizations have gained access to public land with promises of reforestation.‖235 (See Table 11) The Philippines is considered by Conservation International as one of the 34 biodiversity hotspots236 in the world (See also Table 12): Many endemic species are confined to forest fragments that cover only 7 percent of the original extent of the hotspot. It has been estimated that forest cover in the Philippines in 1575 was almost 92 percent of the country‘s total land area. both a hotspot and a megadiversity country.000 plant species and many birds species such as the Cebu flowerpecker.231 The destruction of the original forests. the Visayan wrinkled hornbill. forest lands composed about 56 percent (16. only about seven percent of the country‘s ―original.Democratic Deficits in the Philippines: What is to be Done? But as the licensed commercial loggers fade from the scene. today.233 In 1978. The Philippines is also one of the most endangered areas. displacing indigenous occupants and introducing harmful farming practices.

060 †Recorded extinctions since 1500.091 56 47 48 2 273 32. Source: Conservation International238 Table 12 Diversity and Endemism239 (Philippines) Taxonomic Group Plants Mammals Birds Reptiles Amphibians Freshwater Fishes Species 9. and 132 .8 67. Water demand nationwide is expected to grow from 43 million cubic meters per year in 2000 to 88 million cubic meters by the year by 2025.404 18. saltwater intrusion pipe leaks and illegal connections. It has been assessed that: As of 2008.4 23. Access to clean water is becoming a recurrent seasonal problem in many areas. Water pollution.8 Source: Conservation International Air pollution. contamination of water and lack of effective solid waste management continue to be among the urgent concerns in urban centers.091 102 186 160 76 67 Percent Endemism 65.1 34. *Categories I-IV afford higher levels of protection. wasteful and inefficient use of water.Democratic Deficits in the Philippines: What is to be Done? Table 11 Vital Signs (Philippines) Hotspot Original Extent (km 2) Hotspot Vegetation Remaining (km ) Endemic Plant Species Endemic Threatened Birds Endemic Threatened Mammals Endemic Threatened Amphibians Extinct Species† Human Population Density (people/km 2 ) Area Protected (km 2) Area Protected (km ) in Categories IIV* 2 2 297.5 85. roughly 30 million people throughout the country do not have access to potable water through water supply and distribution operations.8 61.803 6.253 167 535 237 89 281 240 Endemic Species 6.179 20.

25% of Philippine watersheds are not performing at optimal levels due to different levels of degradation. it is becoming more difficult to provide basic water supply services. Dynamite and cyanide fishing. especially to coral reefs. although Philippine waters are said to still contain a wealth of undiscovered benefits.241 The ability of the major ecosystems to provide and maintain a regular stream of economic goods and ecological services has been adversely affected due to unregulated utilization resulting in declining stocks and reduced coverage and quality. With such threats and with growing population. Overfishing worldwide has driven big foreign boats even into the Philippines‘ lightly guarded municipal waters. … In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment. Excavation. so have their needs for construction materials and living space. In 1996. The booming trade in live fish in Hong Kong and southern China has led to the widespread use of cyanide to catch food fish alive and has depleted local waters of prime species of reproductive age. trawling and other destructive methods have left only five percent of our reefs in excellent condition. According to 2008 figures.242 133 . especially in coastal villages. The impact on fisherfolk‘s livelihood has been disastrous. where they poach fish that would otherwise go to the local market.Democratic Deficits in the Philippines: What is to be Done? continued denudation of forest cover particularly in the watersheds are the main strains to water resources. Yet these and other bounties from our seas are threatened by the underwater catastrophe visited on the country‘s coral reefs. A journalist notes how Philippine waters have been subjected to pillage: The story of our seas is no less devastating. and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction. notably at the hands of the aquaculture industry. dredging. Declining catch has been accompanied by increasingly smaller fish. mangroves. a move that would further marginalize the country‘s millions of fisherfolk. a Filipino scientist working in the United States reported that the huge array of toxins from about 500 species of Philippine cone snails could hold the key to developing a new generation of anti-pain drugs. and seagrasses. Mangroves have continued to suffer from coastal development. Large-scale commercial fishers have been pushing a bill through Congress that would legalize the incursion of heavy vessels into municipal waters. As populations have increased.

especially in coastal villages. coastal. and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction. especially to coral reefs. Minita Chico-Nazario and Cancio-Garcia. six Asia-Pacific nations including the Philippines signed the Coral Triangle Initiative (CTI) on Coral Reefs.‖246 The ruling of the Supreme Court of the Philippines on the constitutionality of the Philippine Mining Act is significant. so have their needs for construction materials and living space. Leonardo Quisumbing. its Implementing Rules and Regulations and the Financial and Technical Assistance Agreement (FTAA) entered into by the government and Western Mining Corporation as constitutional. declaring that the Philippine Mining Act of 1995. As populations have increased. dredging. taking into consideration multi-stakeholder participation in all of our six countries. especially the establishment of nickel projects that ―might be particularly active in 2010 as recovering prices of the metal signal good margins for miners.243 Recently. Angelina Sandoval-Gutierrez. The Justices who dissented are Ynares-Santiago. Excavation. and sea-grasses. the Supreme Court reversed its decision in the La Bugal mining case. Renato Corona. and small island ecosystems within the Coral Triangle region through accelerated and collaborative action. mangroves. A non-government organization observes: On December 1.‖ The CTI Regional Plan of Action was also adopted ―in an effort to conserve and sustainably manage coastal and marine resources within the CT region while taking into consideration the laws and policies of each country. Morales and Callejo.Democratic Deficits in the Philippines: What is to be Done? The Philippine coastal and marine environment has become a venue for competition for space: In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment. The Justices who voted in favor of the reversal are Chief Justice Hilario Davide and Justices Reynato Puno. Mangroves have continued to suffer from coastal development. vast tracts of productive agricultural land have been and continue to be converted to non-agricultural use. The Philippines is considered a mineral-rich country and the Philippine government‘s policy to ―revitalize the Philippine mining industry‖245 has sparked renewed interest by large mining corporations in ―mineralized areas‖ in the country. Dante Tinga. The Court voted 10 to 4 with one abstention. Such uses include the designation of industrial zones and residential subdivisions which have not only decreased the area for agricultural production but have also resulted in the decrease in the number of agricultural workers who have shifted to nonagricultural occupations.‖244 On the other hand. Azcuna abstained. Alicia Austria-Martinez. 2004. Fisheries and Food Security ―to address threats to the marine. Carpio. 134 . notably at the hands of the aquaculture industry.

In Mindanao. environmental groups.247 A journalist notes that ―Only the Marcopper disaster in March 1996 and the resulting public outcry have delayed the exploration permits of some of the biggest mining companies in the world. A scholar notes that: …NGOs fulfill an enormously important function in the application and enforcement of international environmental legal standards. many groups are condemning the decision saying that the Court has allowed "the rape of our land and our natural resources. the need to preserve bio-cultural diversity and the inevitability of creating a favorable environment for economic opportunities 135 . is monitoring states‘ compliance with international environmental obligations." They pointed out that large-scale mining operations strip large areas of vegetation. In a dramatic reversal. The December 1 decision caused outrage from different communities. Most significant among their activities. policy advocacy and the appraisal of failure or success of policies in the light of avowed public policy objectives. The government and the mining industry has not answered to the "minerals curse" argument wherein studies showed that countries relying on natural mineral exports are bottom dwellers in terms of economic growth. The stewardship role of indigenous peoples is vital to humankind in the face of the challenge of climate change. 2004 decision. dislocate peoples. now voted to uphold their legality. its implementing rules and regulations and the FTAA of Western Mining Corporation as unconstitutional.249 One sector that clearly has been affected by environmental issues and also has the potential to become a major actor in the resolution of those environmental issues is the indigenous peoples of the Philippines. endanger the country's rich biodiversity and sources of potable water. the Court ruled that some provisions of the Mining Law and the FTAA in question were invalid and unconstitutional.Democratic Deficits in the Philippines: What is to be Done? It may be recalled that in its January 27. indigenous peoples. the communities will not reap part of the speculated potential value of precious metal computed by the mining consultants and industry. With 100% foreign ownership allowed and all the fiscal incentives bestowed on the foreign investor. They have become involved in the gathering and dissemination of environmental information.‖248 Right to act to protect the environment Communities and their citizens have become active in protecting the environment with the formation and active involvement of peoples‘ organizations and various local and international non-government organizations (NGOs) in environmental issues. 5 Justices who voted in favor of declaring the Mining Act.

Another mechanism that aims to safeguard indigenous peoples from illegal and undesired intrusions or incursions by ―outsiders‖ is the Free and Prior Informed Consent (FPIC) mechanism.210. 2010.7 hectares which is more than double the output of the previous 10 years from 1997 to 2007 which covered 1. The life of the tribe depends on the ancestral land. there has been a thrust within the National Commission on Indigenous Peoples (NCIP) to push for the exercise of priority rights rather than the FPIC mechanism because the FPIC mechanism is now being regarded as a subversion of the right to selfdetermination. 2009 and 2010 as of January 31.252 136 . Furthermore. Subic. a community can only get around 1 percent to 5 percent of revenue share which is not sustainable for the community. self-governance and empowerment. Under the FPIC mechanism. an outside entity can dictate the manner of utilization of natural resources within the ancestral domain for 25 years. by exercising their priority rights.004. their culture. For the years 2008. According to the NCIP. the NCIP approved a total of 168 Certificates of Ancestral Domain Titles (CADTs) and Certificates of Ancestral Land Titles (CALTs) covering 3.585. However.762.27 hectares. In addition. There are still 95 CADTs in the pipeline covering 1.16 hectares. to protect the rights of indigenous peoples to their ancestral domains.9 hectares.827. The 12-year-old Indigenous Peoples Rights Act (IPRA) of 1997250 which mandates the protection of the rights of indigenous peoples in the Philippines is said to be the only ―one of its kind‖ in Southeast Asia.758.764. According to the NCIP.) IPRA guarantees the right of indigenous peoples to their ancestral lands through the exercise of priority rights. indigenous cultural communities (ICCs) retain their right over the utilization of their natural resources. Calauit and Diwalwal where the NCIP has been able to secure a decent share of the revenues for the ICCs concerned.205. that several mining companies implemented projects in some ancestral land areas before the passage of the IPRA and the FPIC mechanism was not in place at the time.Democratic Deficits in the Philippines: What is to be Done? where indigenous peoples are considered to be the core movers of development in their own ancestral domains and lands. and social justice and human rights. there are about 513 CALTs in the pipeline approximately covering a total of 12. It aims to address needs of the country‘s indigenous peoples with its 110 ethno linguistic groupings that comprise approximately 17 percent of the Philippine population. however. (See Annex W for complete text of Indigenous Peoples Rights Act. Of particular significance are the CADTs issued to Clark. The Act commits the Philippines inter alia.251 The NCIP has prioritized the delineation and titling of ancestral domains because the indigenous peoples‘ struggle revolves around the right to ancestral domains.810.9 hectares. The total area of approved CADTs and CALTs since 1997 is 4. all large-scale mining companies are located within ancestral lands. It should be noted.

g. and variability of activity data and local emission factors. East and South-East Asia. in some megadeltas. terrestrial ecosystems and biodiversity and coastal zones. Another important issue is the affordability and availability of GHG mitigation technologies (e. access to justice and to participate in environmental decision-making becomes highly significant. reliability. East and South-East Asia. Coastal areas. South.254 The Intergovernmental Panel on Climate Change (IPCC) predicts the impact on Asia of future climate changes:   By the 2050s. flooding from the rivers. and on socio-economic and related sectors. human health. Secretariat. Changes in rainfall pattern are likely to lead to severe water shortages and/or flooding. especially heavily populated megadelta regions in South.253 The Asian Development Bank has noted how it has been difficult for the Philippines to fulfill its commitments under the UNFCCC: Many factors make it difficult for the Philippines to fulfill its UNFCCC commitments. Melting of glaciers can cause flooding and soil erosion. use of renewable resources in power production). and to access to environmental justice Climate change is an area where the right to information. The country needs help in overcoming market barriers to the widespread use of renewable resources. coupled with institutionalization and links among government agencies involved in the inventory. illustrates the impact of climate change: …climate change will have wide-ranging effects on the environment. to participate in environmental decision-making.  137 .. agriculture and food security. The report of the United Nations Framework Convention on Climate Change (UNFCCC). freshwater availability in Central. the availability. In the national inventory of GHG emissions. Rising temperatures will cause shifts in crop growing seasons which affects food security and changes in the distribution of disease vectors/carrier putting more people at risk from diseases such as malaria and dengue fever. particularly in large river basins. industrialisation and economic development. is projected to decrease. will be at greatest risk due to increased flooding from the sea and.Democratic Deficits in the Philippines: What is to be Done? Right to information. including water resources. are still major concerns. Climate change is projected to compound the pressures on natural resources and the environment associated with rapid urbanisation.

255 In its. June 2009 Update on the Philippines. Leyte). Basilan.610 towns and inundate almost 700 million square meters of land across the country by 2095-2100. while more rain will inundate the eastern side of the country (Quezon. environmental degradation may affect accessibility to resources which could be a potential source of conflict among communities or groups competing for the use of resources. under a global ―business-as-usual‖ scenario for CO2 emissions. Cebu.258 It is also listed among the 46 countries with high risk of violent conflict as a consequence of climate change. Vulnerability is greatest among the poor. South and South-East Asia due to projected changes in the hydrological cycle. of the Philippines are vulnerable to a one meter rise in sea level. Catanduanes.‖ According to the studies available. the top 20 provinces in the country which are vulnerable to a one-meter rise in sea level are the following: Sulu. and Maguindanao. Camarines Sur. the European Commission reports that: The Philippines is particularly vulnerable to the impacts of climate change. the temperature increase in the Philippines could be as much as 2. Rising sea levels are also of course a matter of grave concern. Samar. Negros Occidental. Increasing temperatures are already causing irregular monsoons and may also be responsible for the higher recurrence of extreme weather events such as ―super typhoons. Palawan. Zamboanga del Sur. Bohol. Masbate.Democratic Deficits in the Philippines: What is to be Done?  Endemic morbidity and mortality due to diarrheal disease primarily associated with floods and droughts are expected to rise in East. Several initiatives have been undertaken by the Philippine government to boost efforts to mitigate the anticipated effects of climate change. Quezon. the Clean Air Act became law in June 1999 with the following key features (See Annex X for complete text of the Kyoto Protocol and Annex Y for complete text of the Clean Air Act.4° Celsius by 2080. Northern Samar. In compliance with its commitments to the Kyoto Protocol. Tawi-Tawi. Capiz.259 As mentioned earlier. Samar. Droughts will make the western side of the country drier (including the Metro Manila area).256 The international environmental group Greenpeace described the Philippines in one of its studies as a ―climate hotspot‖ where 15 of the 16 regions. Zamboanga del Norte.):  Identification and characterization of all airsheds in the country and establishment of multi-sectoral AQM Boards260 for each airshed 138 . Scientists have warned that the Philippines could experience famine by 2020. According to the report.257 Climate change is expected aggravate socio-economic burdens such as hunger and water scarcity which could further increase the already huge disparity in the living standards between the rich and the poor. Sea water would cover at least 703 of 1. Zamboanga Sibugay. Davao del Norte. particularly 64 out of 81 provinces. Camarines Norte.

the PTFCC came up with the Philippine Climate Change Response Action Plan (PCCRAP). (See Annex ZA for complete text of the Climate Change Act of 2009) There are also several science and technology (S&T) mitigation measures being pursued by the Department of Science and Technology (DOST) including Research and Development on biofuel that involves feedstocks. The Department of Energy is also implementing a project on renewable energy at the—Capacity Building to Remove Barriers to Renewable Energy Development (CBRED)—jointly with the UN Development Program (UNDP) and Global Environment Facility (GEF). Adaptation and Communication. in partnership with non-government organizations. However.264 The Renewable Energy Act of 2008 was signed on December 16. (See Annex Z for complete text of the Biofuels Act. passed by Congress in September 2009. cleaner fuels261   On January 17. especially on the most vulnerable sectors or areas such as water. agriculture. 139 .265 The Climate Change Act of 2009. terrestrial and marine ecosystems. President Arroyo issued Administrative Order 171 creating a Presidential Task Force on Climate Change (PTFCC) mandated to conduct rapid assessment on the impact of climate change in the Philippine setting. and a fund to be earmarked for air quality management activities Imposition of air quality management charges Improvement in quality of gasoline and diesel and promotion of alternative.Democratic Deficits in the Philippines: What is to be Done?  Development of a national air quality management framework. this target has been affected by issues related to financing and supply of products and equipment harnessing renewable energy. which contains the task force‘s ―preliminary substantive program elements. coastal areas.) In February 2007. President Arroyo signed into law the Biofuels Act of 2006 (Republic Act No. 2007. which provided for the mandatory use of biofuels and incentives for such use believed to help lessen emission of greenhouse gases (GHGs) that greatly contributes to global warming. 9637). 262 In October 2008. The PTFCC is also mandated to ensure strict compliance with air emission standards and combat deforestation and environmental degradation. 2008 to mitigate the problem of global climate change through the promotion of renewable forms of energy and make the Philippines 60 percent energy self-sufficient by 2010. processing and vehicle-testing.‖263 Department of Environment and Natural Resources (DENR) Special Order 2007653 was subsequently issued creating the Advisory Council on Climate Change Mitigation. created the Climate Change Commission chaired by the President of the Republic of the Philippines.

a more liberalized framework could reinforce judicial interpretation. For example.266 The Philippine judiciary has. Jr. The children asserted their right to a balanced and healthful ecology under Article 2. 1993 (224 SCRA 792). on the legal standing of minors to sue in an environmental case. July 30. Section 16 of the 1987 Philippine Constitution. Factoran. No. 101083. This decision led to increasing calls to strengthen environmental adjudication in the Philippines. ―the right to a balanced and healthful ecology…belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation – the advancement of which may even be said to predate all governments and constitutions. the Philippines is moving toward a more environmentally-responsive judiciary. in an unprecedented ruling. The Court.‖ It did not have difficulty in concluding that the petitioner minors had standing to sue even on behalf of succeeding generations based on the concept of intergenerational responsibility. declared that.R.. promoting improved environmental compliance and enforcement in the country and within the region. They initially sought injunctive relief from the lower court against the issuance of timber license agreements by the Secretary of the Department of Environment and Natural Resources covering more areas for logging than what was available. including promoting environmental advocacy before judicial and quasi-judicial bodies. G.267 Experts recognize this as both a milestone and fraught with challenges: Judges. Appreciation of highly technical and scientific evidence presented by experts is still limited and requires training and orientation on the part of judges. the Philippine Supreme Court promulgated a decision in the test case of Oposa v. the Philippine Supreme Court considered options and defined strategies to address the challenges of environmental adjudication. Some sanctions and penalties are not significant enough to deter 140 . Together with the planned capacity building of judges within these benches. continue to face challenges in adjudicating environmental cases. the Supreme Court designated 117 municipal and regional trial courts across the country as environmental courts. undertaken a series of initiatives to establish so-called ―green benches‖ or courts that would handle environmental cases/disputes in the country: Together with development partners and input from stakeholders. in recent years. on legal standing and establishment of a cause of action. In January 2008. Prescription for filing of environmental actions in court may require special rules.Democratic Deficits in the Philippines: What is to be Done? The right to access to environmental justice has taken on an interesting direction in the Philippines: In 1993. however.

Again. after the Summit. We have converted all our trial courts into environmental courts to stop our environmental degradation.268 Retired Chief Justice Reynato Puno considers new writs to protect the environment as some of the major accomplishments of the High Court under his leadership (See Annex ZB for Rules of Procedure for Environmental Cases. blue and brown environment issues confronting the country. For maximum efficiency and 141 . experts agree that the greatest threat to human existence today is not terrorism. including the imposition of sanctions. A Filipino economist underscores its importance: The strategy and corresponding action agenda for reconciling the country‘s economic. Indeed. Concrete programs. For the record.‖270 The pronouncement of the Supreme Court of the Philippines to establish so-called Green Courts has received mixed reactions from various quarters but nevertheless underscores the importance of providing access by communities and citizens to environmental justice. Concerned Citizens of Manila Bay which was ―a ponencia of Mr. we wielded the writ of continuing mandamus to protect the environmental rights of our people. my third and last year in office. could provide judges with new insights.Democratic Deficits in the Philippines: What is to be Done? violators. Justice Presbitero Velasco where we ordered government to clean and maintain Manila Bay and to immediately act on its duties and obligation. This time. I called for a summit to address the need to protect the right of our people to a balanced and healthy environment.269 He also considers as one of the landmark decisions of the High Court the case on MMDA vs. initiatives and mechanisms are in place for addressing the various green. many legal jurisdictions are now studying our Writ of Kalikasan for adoption in their soil. What is to be done? We recommend that the environmental development goals contained in Philippine Agenda 21 be pursued. the Philippines is the only country in the whole world with this kind of remedial writ to protect the environment. we came out with new writs to protect our environment — the Writ of Kalikasan and the Writ of Continuing Mandamus. I asked our regional trial court judges to backstop the High Court.): In 2009. social and environmental development goals is already well laid out in Philippine Agenda 21. Here for the first time. creative approaches to the handling or disposition of evidence. That Decision has earned the plaudits of environmentalists the world over. which can be filed by any natural or juridical person whose right to a balanced and healthful ecology has been violated or threatened with violation. but environmental degradation. and the numerous environmental laws in place need to be fully understood to promote consistency in rendering judgments. Finally. which has been described as the most widely-consulted planning document the country has had so far.

Good governance is the critical underlay that provides the vital foundation for all efforts to achieve sustainable development for the country. Encourage sharing of knowledge and experiences on the elements of a sustainable city including technologies and changes in production and  142 .271 The Philippine Council for Sustainable Development. Within government. bodies like the Inter-Agency Committee on Climate Change. Until the current persistent governance weaknesses in the Philippines are overcome.Democratic Deficits in the Philippines: What is to be Done? effectiveness. is working on an ―enhanced Philippine Agenda 21. immediately. the imperative is for close teamwork and coordination. Local Solid Waste Management Boards. inter-disciplinary and multi-sectoral nature of sustainable development challenges. and to strengthen them with the necessary policy and resource support.‖272 Need to Build Sustainable Communities We recommend the adoption and implementation of a comprehensive waste management system for each town and city. Mechanisms based on multi-stakeholder partnerships have likewise proven effective when allowed to function fully and freely. which was created to coordinate the formulation of Philippine Agenda 21. and Local Development Councils need to be made to function actively and spearhead concrete initiatives to operationalize sustainable development at the national. there is need to focus on approaches that promise greatest success. legal failures and coordination failures are transformed from current realities into things of the past. Community-based approaches have already demonstrated positive track records. achievement of win-win outcomes for the economy and the environment will remain a distant dream. Thus. is to scale up and scale out such tested mechanisms that work well. local and community levels. In particular. and law enforcement failures.) The APEC has also advanced the following proposals for building sustainable cities which we recommend should be pursued in engaging with other countries for the long-term:273 On Sustainable Cities  Strengthen capacity building to facilitate the exchange of scientific and technical knowledge on sustainable cities by designating appropriate organizations in APEC economies to serve as contact and coordination centers. (See Annex ZC for complete text of the Ecological Solid Waste Management Act. The way forward. given the multi-dimensional. particularly in the sustainable management of forest and coastal resources. Republic Act 9003 or The Ecological Solid Waste Management Act must be implemented up to the barangay level. then.

if any. Need for Clean Technology Clean technology can be pursued through the following recommendations in the mediumterm:  The provisions of the Clean Air Act. and installation of signboards in fire-prone forested areas warning people about forest fires.Democratic Deficits in the Philippines: What is to be Done? consumption patterns. The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change which sets binding targets 143 .274  Immediately conduct scientific and medical investigations into the impacts and effects of aerial spraying which is used in the banana industry to protect crops against pests and increase productivity in order to determine adverse effects on human health and the natural environment. small-scale mining should be rationalized such that the areas that may be exclusively reserved for small-scale miners can be identified. Immediately and in the short-term.  Enhance information exchange on policies. and promote community level experiment model project with an aim to create eco-cycle communities. supportive of the Kyoto Protocol. Other measures include preparation of fire control maps and activation of fire protection communication systems. construction of water impounding structures to trap and store water from rainfalls. creeks and rivers. non-government organizations and institutions and maximize public-private partnerships to leverage additional resources and capabilities and capitalize on opportunities. should be strictly implemented. building on ongoing activities in APEC and promoting dialogue among public and private sectors and with non-government organizations as appropriate. and regular holding of forest fire drills with forest-based communities. The Ministers also agreed to further develop their own mechanisms for communications with the private sector. we present the following recommendations:   In the medium-term.  For rural areas. indicators and standards. planting of new grasses or brushes in existing two-to-three meter wide firebreaks or buffer fire lines inside tree plantations. defensive measures in dealing with forest fires should be undertaken such as the following: monitoring kaingin activities and unauthorized bush burning in pasture land by cattle raisers. inventory of stocked emergency supplies needed for fire control operations such as first-aid kits and non-perishable food supplies. inventory of all fire fighting tools.

275  Promotion of green chemistry through incentive systems. also known as sustainable chemistry. providing the tools needed to help achieve cleaner production goals Conducting cleaner production training through the "APEC Sustainable Development Training and Information Network. By the end of the first commitment period of the Kyoto Protocol in 2012. manufacture. is the design of chemical products and processes that reduce or eliminate the use or generation of hazardous substances. and use. Green chemistry.g. a new international framework needs to have been negotiated and ratified that can deliver the stringent emission reductions prescribe by the Intergovernmental Panel on Climate Change (IPCC).Democratic Deficits in the Philippines: What is to be Done? for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions at an average of five per cent against 1990 levels over the fiveyear period 2008-2012. Japan's Virtual Center for Environmental Technology Exchange and the APEC Centre for Technology Exchange and Training for Small and Medium Enterprises [ACTETSME]) Strengthening of government capabilities through capacity building at both the national and local level." to be led by the Human Resources Development Working Group Improving APEC member economies' access to expert input and facilitating the exchange of expertise related to the implementation of cleaner production methods    144 .276 The APEC has also advanced the following proposals for promoting clean technology which may be carried out immediately:277     Formulation of specific strategies for industrial and agricultural sectors that promote dissemination of clean technologies and experiences Mobilization of public-private partnerships in major industry sectors to promote cleaner production Sponsoring of government-industry workshops. Green chemistry applies across the life cycle of a chemical product. seminars and demonstration projects on cleaner production Sharing information on clean technologies and cleaner production policies through electronic means (e. including its design.

and medium-sized enterprises (SMEs) Promoting cleaner production technologies that help minimize or eliminate greenhouse gas emissions.   Need to Protect the Rights of Indigenous Peoples We recommend the following measures to be implemented immediately in ensuring the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks:‖  Various activities may be carried out immediately to facilitate the assimilation of the indigenous peoples‘ struggle into the minds of men and women in the present generation and for generations to come by promoting a better understanding and appreciation of the indigenous peoples‘ ―ways. As equal partners of development. there can only be true empowerment if the IP communities have full control over the resources that they actually own. Thus. including the right to develop their own Ancestral Domain Sustainable Development and Protection Plans or ADSDPPs as the blueprint of the IP community for their preferred development agenda. In the medium-term.‖ Such activities include mandatory representation in local and national policy making bodies. particularly those related to food security and reforestation.278 and priority development programs and projects.Democratic Deficits in the Philippines: What is to be Done?  Promoting ISO 14000. We believe that the FPIC should be used only for projects which do not require the utilization of natural resources such as housing projects and the establishment of military installations.279   145 . and in the utilization of their own natural resources in their ancestral lands and domains. which involves voluntary actions by industry to establish environmental management systems and committing to continuous improvements in environmental performance Focusing on the special needs of the small. IP communities will be able to reap more economic fruits through a just share of revenues from the commercial exploitation of their natural resources. thus leading to the general public‘s greater acceptance of bio-cultural diversity in the country. The exercise of priority rights will ensure respect for the environment and more importantly. Immediately promote the exercise of priority rights as provided by the IPRA. future generations of IPs will still be able to make their own decisions in the utilization of those natural resources. there is a need to ensure that programs for IPs are grounded on the rights-based approach.

In the long-term. In the long-term. Department of Social Welfare and Development. as well as the adoption of other mitigating actions in addressing the negative impacts of climate change.     Need for Access to Environmental Justice In the long-term. the government must create compensation mechanisms for indigenous communities that have contributed to environmental protection. and the implementation of soil stability measures (e. This is to ensure that the livelihood and well-being of the IPs are not adversely affected.280 The new writs to protect the environment formulated by the Supreme Court mentioned earlier constitute a significant step in this direction. the government must facilitate the funding for and to actualize the various ADSDPPs by coordinating with potential donors and local government units. and the enhancement of natural vistas. Second is the reduction of overall environmental damage. 146 . There is a need to immediately enhance coordination and cooperation of concerned government agencies such as the NCIP. and other concerned government agencies through the harmonization of conflicting laws on the delineation and titling of ancestral lands. reforestation and planting in river banks and sloping areas) for landslide-vulnerable areas. There is a need for the NCIP to liaise with the various Local Chief Executives and legislative bodies in the country‘s political units so that the community-formulated ADSDPPs may become an integral part of the respective development masterplans of local government units. In the medium-term. This is in support of the advocacy for environmental justice recently adopted by the Supreme Court which embraces two key objectives. DENR. Need for Climate Adaptation and Disaster Mitigation Measures In the medium-term.. the operations of mining and logging groups in areas near or within that of the IPs must be monitored in order to address the environmental issues brought about by these operations. there is a need to establish a civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage. such as those resulting from mining activities. First is the fair distribution of rights and responsibilities among communities. and the management of resources within ancestral domains/lands. biodiversity conservation.g. the government must be able to complete the geo-hazard mapping of all regions in the country. the government and civil society must work closely with various IP communities through their leaders in strengthening the IPs management over carbon sinks in their respective ancestral domains. in supporting the various projects contained therein.Democratic Deficits in the Philippines: What is to be Done?  In the short-term.

In general. NDCC. Consistent modern maps of natural hazards zones (flood. using the GIS database. An integrated national natural hazards data and mapping system needs to be designed and implemented. A fundamental obstacle is the absence of accurate hazard and vulnerability maps. there is a failure to recognize natural hazards as a potential obstacle to long-term sustainable development. A study has noted that: The disaster management system in the Philippines is based on an outdated decree (dating back more than 20 years). The data so collected would then be in a consistent uniform format. PHIVOLCS and others are all implementing limited GIS databases. The data and mapping system could form the backbone for the national emergency response plan. which would then form the basis for a comprehensive understanding of the impacts of natural hazards on the nation. for use in improving hazard maps and risk analyses. volcanic hazards. Currently. must be able to craft a National Adaptation Plan for Climate Change and pass a comprehensive disaster management law. geologic hazards. and would serve during emergency periods as a database for needs assessment and data collection. NAMRIA. evacuation. Reflecting this. This GIS database would have many benefits beyond natural hazards. emergency response and many other applications. project design. Their efforts should be encouraged. Risk analyses should be developed for high hazard areas. insurance. the government.Democratic Deficits in the Philippines: What is to be Done? A recommendation contained in a study undertaken by the World Bank and the National Disaster Coordinating Center of the Philippines should be pursued: In the Philippines.281     In the medium-term. earthquake faults and shaking. These maps would be very beneficial for land-use zoning. This would consist of the following:  Design of an integrated GIS database for the Philippines. so as to begin the building of this integrated national natural hazards GIS database. and could be integrated into a national economic development plan. etc) should be generated for the entire Philippines. and would greatly benefit from integrating lessons learned in the country around the globe over the past decades. for use in natural hazards data collection and mapping.) rather 147 . there is a widespread emphasis on postdisaster relief and short-term preparedness (forecasting. Loss estimates would prove useful to decision-makers and the public. and coordinated into a common format. etc. using the integrated GIS database. there are inadequate reliable data on the type and amount of Philippine economic activity at risk from natural hazards. in consultation with civil society and communities.

could also be used by IFI‘s284 when financing LGU-led infrastructure development. in the constantly hard hit area of infrastructure.Democratic Deficits in the Philippines: What is to be Done? than mitigation or post-disaster support for economic recovery.  148 . this will require a more careful analysis of the appropriateness of the present funding system. To develop a contingent facility requires that there is sufficient understanding of risk and agreement on the criteria that would trigger withdrawal. and/or contingent credit facilities:283 Development of Fiscal Incentives for Proactive Risk Management at the LGU Level:  to implement proactive disaster management. institutional design. determine the appropriate level at which the contingent facility could be developed: Federal Government. However. and regulatory framework for the operations of the PCIP. However.   Explore the potential for a PCIP:285  carry out a study to assess why the area of insurance remains under-developed in the Philippines as well try to determine its potential for increase. by requiring that the LGUs submit a comprehensive risk management plan for the proposed investments. LGU level and/or PCIP. Given the frequency of disasters in the Philippines. for example. such as livelihood regeneration or tax breaks to affected businesses. funding gap. the LGUs could be rewarded with additional funding to improve their overall disaster management capacity. this type of incentive must be accompanied by government policy action to cause it to be implemented. rehabilitate and reconstruct. it would be most effective to create a technical working group including representatives of PIRA. which. To do this. and actions that would need to be implemented to reduce risk. Based on the achievement of agreed output indicators. that encourage LGUs to include mitigation and prevention activities in their development plans. thereby balancing out the present strong rehabilitation and reconstruction emphasis. it is important that the Government explore the use of a contingent credit facility to fund post and pre-event activities. the government together with the private business sector must explore more effective options for financing disaster risk and relieving the burden of disasters from the public sector. Explore Contingent Credit Facilities:  to allow the rapid mobilization of funding after a disaster to assess damage.282 In the long-term.286 GSIS…and the Office of Insurance Supervisor to develop a workable proposal for a business plan. including the idea of a catastrophe insurance pool.

the government and the private sector and civil society must together pursue the promotion and undertake the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. in partnership with ADPC. and mini-hydro energy. there are uncertainties about the disposal of nuclear waste and the high cost of maintaining nuclear power plants. The module includes information on disaster preparedness. often it is not widely or properly disseminated: While much of this information is available online in the NDCC members‘ websites. Disaster 149 . and availability of food and medicines. While information on impending disasters and in dealing with disasters is available. NDCC and DepED. Their scope. many people and communities – especially in the rural areas .287 While there are proposals to achieve energy self-sufficiency through nuclear energy. undertook a project to develop DRM modules for integration into the secondary school curriculum. However. and cannot access this information. biomass. It also has a solar energy potential of 1. education in DRR is still limited in scope and education materials are still inadequate. facilities in the evacuation centers. private and civic organizations and government agencies at both the national and local levels undertake public awareness and information campaigns on disaster risks in many vulnerable areas. these campaigns are not systematic and coordinated. prevention and mitigation of hazards and risks of natural events to vulnerable communities and areas. NGOs. risks and adopting safeguards on disasters. There is no countrywide public awareness program on DRR. The teachers are also educated in DRR by including the concepts in Teacher‘s Education Curriculum. there is a need to integrate Disaster Risk Reduction concepts in the curricula of both public and private schools: The Department of Education (DepED) is working on including DRR in elementary and secondary curricula.000-megawatt wind.289 In the long-term.Democratic Deficits in the Philippines: What is to be Done? For the long-term.500 hours of power annually at 5 kilowatt hours per square meter per day.288 Information campaigns on disaster risk management must be made systematic and well coordinated immediately in all locational areas concerned. At present. does not fully cover all disaster-prone areas. however. oftentimes. There are also instances when vulnerable communities that had been already advised to evacuate refused to move out due to inadequate transportation. The Philippines has an estimated total potential of nearly 80.do not have access to computers and internet connection. The media thru television and radio broadcasting has helped in disseminating information on different types of disasters.

which can only be used upon declaration of a ―state of calamity‖ by the local legislative body: In 2003. The changes to the landscape caused by the floods and landslides need to be mapped and understood to prevent future flooding and landslide impacts. a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units should be established. many local officials find this instruction unclear because it is perceive to focus only on man-made disasters. hence it is difficult to evaluate how efficiently the funds are used. In some cities and municipalities. Moreover. However. 150 .290 In the short-term. Private schools. b. a Joint Memorandum Circular issued by the Department of Budget and Management (DBM) and the Department of Interior and Local Government (DILG) permits the use of the LCF for disaster preparedness and other predisaster activities. however. and in some cases zoning regulations are poorly enforced and/or blatantly violated by some building and housing developers. The location-specific reasons why the landslides and flooding occurred need to be understood to guide recovery and prevent similar disasters in the future. appropriate building codes and standards are set aside to reduce construction costs. Employment needs to be increased in the near term to limit the survivors‘ need to extract additional resources from the environment to meet reconstruction and recovery needs. Poor regulation in the construction of buildings and other physical establishments in disaster-prone areas contribute to the risks in these communities. the following findings from a study of the Benfield Research Center are worth considering:293 a. c. Affected slopes need to be stabilized to prevent further landslides and debris flows. Many structures do not fully comply with the safeguards required under their Environmental Compliance Certificates (ECCs) and building codes. d. LGUs are not obligated to submit reports on the utilization of the calamity funds to NDCC or DBM.Democratic Deficits in the Philippines: What is to be Done? awareness has formed part of the learning core competencies under the Science and Social studies subjects in public elementary and high schools.291 In the short-term.292 In relation to natural and man-made disasters. The LCF is five percent of their estimated revenues from regular sources as. there is a need to strongly enforce some laws and policies for disaster risk reduction: Poor enforcement of easement zone regulations contributed to the burgeoning of informal settlers along riverbanks and near coastlines. are not required to include these in their curriculum.

and the impacts and effects of aerial spraying. (See Annex ZD for complete text of the Disaster Risk Reduction and Management Act. The ―Philippine Disaster Risk Reduction and Management Act of 2010‖ must be improved considering the various points raised in this chapter. The trees and other biomass brought down by the floods and landslides need to be transformed into useable assets (e. defensive measures in dealing with forest fires. Farmers need support to rehabilitate fields. Shelter is a priority. Efforts need to consider immediate needs as well as proactively reduce the current and expected threat of flooding. g. as well as alternate crops to cultivate until rice and normal vegetable production can be restored. Similar support is needed in the fishing sector. Implement Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level.) We also hope that the Climate Change Commission will discuss the relevant points raised in this section. Traditional and modern Filipino experience and lessons from outside the country need to be incorporated into reducing the likelihood of damage to shelter in the future.   151 . Recap of “What is to be done?”     Pursue the environmental development goals contained in Philippine Agenda 21. Facilitate exchange of knowledge and experiences with APEC economies in order to build sustainable cities. f.g. Prioritize the following concerns in the rural areas: areas that may be reserved for smallscale mining. The waste being generated by the clean-up process needs to be disposed of safely.Democratic Deficits in the Philippines: What is to be Done? e. Promote ―green chemistry‖ and other clean technologies through incentive systems. compost) and be used to support the recovery process. h. landslides and typhoons. lumber. Community-based warning systems need to be established as a priority to reassure at-risk disaster affected populations and minimize similar disasters in the future. i.. Strictly implement the provisions of the Clean Air Act.

and/or contingent credit facilities o Pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission o Making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned o Integrating Disaster Risk Reduction concepts in the curricula of both public and private schools o Setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units o Strongly enforcing zone regulations. Based on the 2000 Census of Population and Housing.95 percent.88 million in 5 years.50 million. the total population of the Philippines was 68.614. including the idea of a catastrophe insurance pool.62 million.298  152 . it was recorded at 76. building codes and related laws in support of disaster risk reduction o Implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas D. such as those resulting from mining activities.574. 2007 was 88.296 In 2000.Democratic Deficits in the Philippines: What is to be Done?   Protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks.297 This translates to an increase of 7.‖ Establish a workable civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage. as of last Census of Population (POPCEN 2007). Population Status of the Philippine Population According to the National Statistics Office294 (NSO).295 In 1995. the projected annual population growth rate for the period 2005 to 2010 was 1. the total population of the Philippines as of August 1. Implement climate adaptation and disaster mitigation measures such as: o Improve the Disaster Risk Reduction and Management Act o Geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas o Crafting a National Adaptation Plan for Climate Change o Exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector.

Democratic Deficits in the Philippines: What is to be Done? According to the World Factbook, a publication of the United States Central Intelligence Agency (CIA), the Philippines is the 12th most populated country, based on 2009 population estimates of 237 countries worldwide.299 (See Annex ZE for discussion of Trends in the Philippine Population.) Lack of information, specifically on reproductive health and on the use of contraceptives, is one of the leading causes of the high population growth rate in the country. According to the United Nations Development Program (UNDP), based on the Family Planning Survey in 2006, only 50.6 percent of married women aged 15-49 use contraceptives.300 Reportedly, many women, especially those belonging to the poor social group, are ignorant on reproduction. Many unplanned pregnancies are a result of misconceptions, such as believing that they are infertile while they are still breastfeeding. Others have not even heard of contraceptives, while some of those who have were afraid of its side effects and refuse to use them. The Reproductive Health Bill or RH Bill which aimed to step-up the promotion of natural and artificial contraceptives was not passed during the 14th Congress. The RH bill has been one of the most controversial bills as it has been met with formidable opposition in this predominantly Catholic country. And in this country where a number of religious groups practice bloc voting during elections, for many politicians who will be seeking re-election, it would seem a political suicide to support this bill. This has been seen as one of the major reasons for the ―death‖ of this bill. (See Annex ZF for complete text of the Reproductive Health Bill.) Increased life expectancy and decreased infant and under-five mortality rates have also contributed to the growing population. In 1950, the life expectancy at birth was only 43 years. In contrast, the life expectancy of both sexes in 2005 was around 68 years. 301 In terms of infant mortality, from 1990 to 2006, the number of infant deaths per 1,000 live births decreased from 84 to 32 deaths.302 Under-five mortality rate also improved from 64 deaths for every 1,000 live births in 1993 to 42 deaths in 2003.303 Overpopulation is a major cause of concern as it results in a host of problems especially in a third-world country such as the Philippines where resources are scarce. Firstly, the high number of children which is most common in poor families is seen as the main reason for so-called hereditary poverty. Poor families are already having difficulty in providing their children with the most basic needs such as food, clothing and shelter. Many children are deprived of realizing their full potential and becoming productive citizens as a result of lack of education and adequate health care. Overpopulation also dilutes social service delivery. According to Dr, Merceditas B. Concepcion, a member of the Commission on Population Board: 153

Democratic Deficits in the Philippines: What is to be Done? Swift growth in numbers hampers improvements in health and in the delivery of health services in several ways. First, in the face of economic stagnation, it is difficult to maintain, and more so, upgrade services for the growing number of people. Second, elevated birth rates generate a sizable fraction of young children in the population – the group with the highest illness and mortality rates in developing countries and hence, with the utmost need for health services. Third, too many births as well as those that are closely spaced are linked with high rates of maternal and child mortality. 304 In addition, the expanding elderly population, which was pointed out as one of the factors for overpopulation in the country in recent years, also signifies an increase in health and social service requirements. Unequal Distribution of Population Across Regions As shown in previous sections, there is unequal distribution in population across regions. CALABARZON, NCR and Central Luzon comprise more than one-third of the total population of the country. The average population density of the Philippines in 2007 was 260 per square kilometer. The densest region however, NCR, posted a very high figure of 18,650 per square kilometer. In contrast, the region with the lowest population density, CAR, posted only 78 persons per square kilometer. The high density of population, particularly in highly urbanized cities, results in problems in housing, unemployment, crimes and unhealthy situations. Ageing and Depopulation In overpopulated countries, focus is given on arresting the growth of population. There are countries however who are now experiencing the negative effects of depopulation or under population. Michael Meyer, in his article ―Birth Dearth‖ (Newsweek, September 27, 2004), reports that, ―the world‘s population will continue to grow—from today‘s 6.4 billion to around 9 billion in 2050. But after that it will go sharply into decline….‖ The impending issue of depopulation should also be given consideration. populated countries are now feeling its negative effects. Under

The expanding elderly population is seen as a major issue that will heavily impact on the depopulation phenomena. The lack of replacements for the previously productive ageing 154

Democratic Deficits in the Philippines: What is to be Done? citizens poses a big problem. When Total Fertility Rate (TFR) goes below the replacement level, a country will find itself lacking a sufficient work force. This will force under populated countries to resort to hiring skilled and non-skilled workers from other countries, as in the case of under populated countries now. What is to be done? It has been suggested that there are only two alternatives to address overpopulation. One is to decrease population growth or increase resources to be able to provide everyone with quality standard of living. As countries are forced to operate on resources which are available to them, the only recourse left is to control population growth. And on this, the only way is through birth control, or in other words promoting the use of natural and artificial contraceptives in order to enable families to have the family size that they desire and can support. That the major cause of unwanted and unplanned pregnancies is mostly due to lack of information on reproductive health and low contraceptive prevalence rate, indicates that there is indeed a need to disseminate information and give the people the right to choose and a chance to determine their families‘ size. Thus, it is crucial that initiatives such as the Reproductive Bill be passed and enacted. Out-migration of families to other countries is a trend that may have to be supported more vigorously in order to manage population in the country. The Philippines may already be considered a country whose citizens are spread throughout the world as migrants and Overseas Filipino Workers (OFWs) but are able to contribute billions of pesos annually to the local economy. In the case of increased ageing population, steps must be taken to put measures in place in anticipation of this trend. During the 1990s, there were discussions on the possibility of an SSS and GSIS merger. Today, many legislators and government officials have expressed support to a proposal to merge the SSS and GSIS. The Senate Committee on Government Corporations and Enterprises is presently considering a bill merging the SSS and the GSIS. According to Senator Richard Gordon, head of the committee, the merge would strengthen the SSS.305 Senator Sergio Osmeña also proposed the merge to settle the problem in the release of pensions and retirement benefits. At the same time, Senator Manny Villar suggested that the Department of Finance conduct a study on how much the government will save if the SSS and GSIS merge. The Department of Finance has conducted such a study of radical reform of merging the two corporations in 2000 but it did not materialize.306

155

Democratic Deficits in the Philippines: What is to be Done? In 2003, Senator Ramon Magsaysay, Jr. expressed an urgent need for new legislation to amend the SSS Charter to include the administrative merger of the SSS and the GSIS. He justified the merger as follows: 1. The national government as the ultimate guarantor of the SSS and the GSIS would have the opportunity to rationalize the cost of these two programs and provide a common standard of old age protection to all workers, regardless of sector of employment. 2. We cut down on bureaucracy cost. 3. Investment opportunities for the consolidated fund would expand because of the sheer size of the unified fund.307 Antonio C. Asper, Executive Assistant for External Affairs of the Federation of Free Workers, in his study, recommends the following reforms308 in the SSS: Structure and Design a. Restructure the SSS into a two-pillar scheme—downscaled defined-benefit and appropriate defines-contribution schemes. Under the proposed defined-contribution scheme, members are allowed to save for their own pensions. b. Periodically examine these schemes to ensure that benefits and contributions are aligned at all times. c. Increase the contribution rate on a staggered basis from the current 9.4 percent up to a rate that will synchronize contribution rates with benefit payments. The need to increase the contribution rate will be able to ensure viability of the Social Security Fund for a longer period. Administration a. Increase the number of inspectors and lawyers to prosecute employers who do not comply with the Social Security Law. In 2003, more than 300 additional account officers were fielded to monitor delinquent accounts and payments of employers. The account officers were tasked to look into the billings and payments of companies and crack down on those who did not comply with the Social Security Law. b. Review staffing patterns if it is to be converted into a two-pillared scheme. The employees who will be affected by the scheme need to be given employment or financial assistance. c. Improve the delivery of basic services. To reduce the processing time for benefit claims and loan applications, the Covenant of Service Program (COS) was introduced in 2001. The implementation of phase two of the program will further shorten processing time. 156

310 The country‘s rapidly ageing population. 3. Consider the proposal of selling or restructuring housing loans. b. starting 1985) which determines the amount of pension benefits.4 percent of workers‘ monthly salary to 16 percent to 22 percent in a span of six years (only 1 percent has been approved so far).311 The consensus on establishing a partially funded pension system is embodied in the existing government reform program that aims to establish a three-pillar system. (1) a PAYGO pension financed by pooling funds citywide. Increase the maximum and minimum monthly salary credit along with an increase in benefit payments. Lessons from Western countries showed that a national social security program with a PAYGO system is unsustainable. 2. (2) a system of individual savings accounts funded by both employees and employers.Democratic Deficits in the Philippines: What is to be Done? Fund Management a. such as merging the SSS and the GSIS to rationalize the cost of these two programs and provide a 157 . and (3) a supplementary pension funded by employers. strong economic growth and high return on capital mean that ―a funded pension system would be more efficient than a PAYGO system. Redefine ―credited years of service‖ or CYS (the sum of the number of years from the year of coverage to 1984 and number of years where the member has at least 6 contributions in a year. We can learn from the experience of China which has restructured its pension system since 1995 by combining the PAYGO system309 with a funded system relying on individual savings accounts.312 Recap of “What is to be done?”  Control population growth by lowering the incidence of unplanned pregnancies o Provide information on reproductive health o Allow people to determine their family size by providing them with information on the use of natural and artificial contraceptives   Promote regulated out-migration of families Put measures in place in anticipation of the increased ageing population. The SSS has proposed several corrective measures. Increase the contribution rate from 8. the computed pensions will be more equitable in relation to how much the member has actually contributed. By redefining the CYS. to wit. Outsource fund management to professional fund administrators. to wit: 1.

which led to 95 percent of the country‘s gross domestic product (GDP) and 92 percent of the employed workforce in recent times being generated by the private sector.1 percent in 2002.107 islands and rich in natural resources. like in retail trade. Public-Private Sector Partnership Macroeconomic History and Overview of the Philippine Economy The Philippines has 7. Partly this could be attributed to the entrepreneurial culture and skilled workforce of the Filipino people. As for infrastructure. being one of the centers of marine and land biodiversity in the world. aside from having a coastal area longer than even that of the United States.1 billion to just US$0. are we called the ―Sick Man of Asia. Also.313 Efforts of previous administrations in the 1990s to liberalize the economy and develop pro-business economic policies should also be considered as one of the most important contributions by the government to economic growth.314 Foreign investors became significant players in various industries like banking and manufacturing. banking and infrastructure. Also.‖ and are now lagging behind all our neighbors here in Asia. another important factor is the liberalization of the power sector. regardless of sector of employment E. Following the Asian financial crisis of 1997. most especially in terms of economic growth and development? The country has had a long history of private sector-led economic growth. and foreign direct investment (FDI) dropped from US$2. From 1980 to 1997.8 percent of gross national product (GNP) in 1997 to just 18. the gross domestic investment in the Philippines declined from 23. privately-owned business networks could be attributed to all these.316 Although the Philippine economy has proved quite resilient to external shocks and changes in economic policy over the past five years—while many of its neighbors suffered deep 158 .5 percent despite political upheaval and a short adjustment period from the Marcos dictatorship back to democratic rule. boast of breathtaking tourist spots that attract thousands of people every year.1 billion in 2003.Democratic Deficits in the Philippines: What is to be Done? common standard of old age protection to all workers. telecommunications. which paved the way for 35 new projects to deliver electricity more efficiently to the public. the Internet and other media—the vibrant competition and development of numerous. islands like Palawan and Cebu. but also the broadening of the telecommunications sector—which includes telephone and mobile networks. and the Mindanao region.315 Yet. but a major chunk of this growth also comes from foreign participation and investment in major sectors of business. It also has one of the largest mineral deposits in terms of mineral ores. Why then. not only the building of new roads. this economic history of the Philippines is also marked with losses as well as gains. economic growth remained steady at 2.

2 percent GDP growth in 2009 respectively. which is broken down into 4 percent public and 11 percent private. for 2009:  GDP growth is 0. the rapid pace of population growth has led to a fluctuating gross domestic product (GDP) growth rate from 1997 to 2003 (see Figure 2). fishing. reflecting the fast pace of consumption and demand for telecommunications and food services.5% per annum.4 percent of the country‘s GDP.318 Our net exports (exports minus imports) accounted for only 0. Singapore and Malaysia who all suffered economic contraction at -2. however.321    159 .8. relatively better than our neighbors Thailand.Democratic Deficits in the Philippines: What is to be Done? recessions during the post-Asian crisis years of 1998–2001—the Philippine economy continued to grow at an average pace of 2. against Malaysia and Singapore‘s 29 and 20 percent. and forestry at 15–17 percent.317 The following indicators currently showcase the economic status of the Philippines.5 and -1. GNP growth is 3.319 The Philippines remains high in domestic savings due to the remittances of Overseas Filipino Workers.9 percent.320 The national savings rate is at 30 percent. followed by industry/manufacturing at 32 percent and agriculture. respectively. Figure 2 GDP Growth 1997-2003 Philippines The economy is dominated by the services sector. versus an investment rate of 15 percent. Despite these gains. The services sector has also had the fastest growth rate.0 percent. -2. which contributes approximately 50 percent of GDP in recent years.

‘ This refers to the oligarchies that continue to ‗exploit‘ the business environment in the country.3%) and sugarcane (-10.329 160 . the private sector dominates the Philippine economy generating on average 95 percent of GDP and accounting for 85 percent of total expenditure during 1991–2002 period. amounting to more or less 73 percent of total GDP. As the government looks to support private sector development in the country.327 Private enterprises employ 92 percent of the registered workforce but have not been able to keep pace with the growing number of job seekers since the Asian financial crisis. especially those of health and education.8%) in agriculture. there is a significant decline in growth of palay (-3. better administrative performance from government institutions. Public-Private Sector Relations In a March 8. which grew by 11 percent.324 As of January 2010. the total national government outstanding debt has reached PhP5. maintaining a credible regulatory oversight system.326 The Role of the Private Sector According to the ADB Philippines Private Sector Assessment.6%). and a reliable.328 However. liberalization and privatization.063 trillion. the sector in which the rural areas depend on for livelihood. There has been decreased productivity and competence because of the presence of monopolies and oligarchies which control a huge chunk of the domestic (and even international) business sector. Rising real wages due to successive rounds of minimum wage increases have not been matched by concurrent rises in productivity. there is a negative growth (-3.Democratic Deficits in the Philippines: What is to be Done?  Two industries particularly stand out with double-digit growth in the 4th quarter: Mining and quarrying. although its share dropped to 66 percent as a consequence of the Asian financial crisis as the economy contracted and the government intervened to revive growth.325 Servicing this debt crowds out other important government expenditures for basic services for the Filipino people. efficient mechanism for dispute resolution. it needs to create a better environment for private investments by building more competitive markets. the overall productivity of the private sector is low and declining. and finance (banks and insurance).322 However. economic adviser to the Arroyo administration Joey Salceda mentioned that ‗historical structural factors…have persisted and are tougher to get undone despite deregulation. 2010 article in the Philippine Daily Inquirer. which grew by 17 percent.323  National debt was approximated at US$55 billion in 2003. It also contributes on average 65–75 percent of total investment.

2010. due process and no retroactive changes for better relations with the business sector. which are dedicated to prosecuting and bringing erring officials with cases of corruption to justice. According to Amado Macasaet. Korean and Pamuri) concerning the dispute between government agencies and Pilipinas-Shell: a) double taxation (of intermediates and final products) seriously hamper the growth and development of the manufacturing industry. European. b) the government needs to practice consistency. Australian-New Zealand. However. and c) the threatening of the government to use force in the confiscation of future shipments. and 3.330 Major Challenges Macroeconomic View Cielito Habito states that the three key challenges facing our economy are the following: 1. the issue is to reduce it from being widespread and rampant to a status that is negligible. it is assumed that corruption greases actions in the system…a country that is run on such grease is oftentimes full of regulations and rules that are impractical. predictability. Leadership and good governance are the factors that could tip the scales in controlling and eradicating corruption. 2. another major challenge is setting goals and priorities. by the Joint Foreign Chambers of the Philippines (American. Political will is required to enforce policies and give appropriate sanctions to those who still make transactions outside the law. Corruption always has had negative effects on a country‘s development.333 Corruption is not a problem only in the Philippines. Japanese. the Philippine government still appears to be riddled with the presence of corrupt officials at all levels. Also. As Dr. it 161 .331 One of the major problems in the relations between the government and the private sector—just like that in the macro level where it appears to be pervasive—is corruption. creating enormous rents332 for some groups that participate in the operation of the system. Canadian. an advertisement in the Philippine Daily Inquirer last February 15. there are agencies like the Office of the Ombudsman and the Sandiganbayan. which example may lead to disastrous effects in the relations between the government and the business sector in particular. fairness. the Philippines was ―basically an agricultural country trying to industrialize…today. Also. failure of our economic growth to translate into poverty reduction. Gerardo Sicat of the UP School of Economics states: In a country where corruption is a problem. it is also a problem in many other parts of the world. low levels of investment. However.Democratic Deficits in the Philippines: What is to be Done? Also. weak government finances.

the initial orientation of industrialization in the Philippines was mainly import substitution. or battle corruption. a reduction of political interference in the markets is important. and the actual policies that the government adopted. but are not really doing their job—this is a problem that has not been solved until now. Macasaet writes. Sicat also notes that the growing population poses a threat to the labor force. An example is the required policy to augment capital investments in the country. the perception that foreign and domestic capital competed with each other embedded a negative image in the Philippine psyche.Democratic Deficits in the Philippines: What is to be Done? can neither rely on agriculture nor industry as the main drivers of the economy. Particular care will need to be taken in the design. not really to make the economy grow. Governance reforms should therefore form the central tenet of ADB‘s sustainable private sector development strategy for the Philippines. In the current context.‖335 He further asserts that these policy directives are ―pieced together mostly by politicians or economists with strong political leanings…programs are calculated to attract votes. As Sicat also notes. As stated by the ADB: 162 . Also. the large chunk of the country‘s population depends on the fewer. In the Philippines. and yet the country still continues to slump deeper into poverty and income inequality. vested interests and systemic corruption will continue to make this process very challenging. implementation. Policy mismatch on the part of the government—an encouragement of more capital-intensive industries and the neglect of many labor-intensive ones—deterred the growth of jobs in relation to the labor supply.‖ 334 This is because.339 Zooming In on Public-Private Sector Relations For the ADB. we are challenged with numerous policy mismatches. the government adopted the policy of limiting contribution from foreign capital.340 Also.‖336 Weeding out the useless and outdated laws that try to spur growth. governance reform essentially means establishing and enforcing a rulebased business environment that encourages investment and rewards fair competition. and monitoring of programs to ensure that sufficient political will exists to support them. instead of encouraging foreign capital together with domestic capital.337 The mismatched policies were at work for several decades—thus affecting capital adversely. Studies also show that there is a high rate of unemployment and underemployment in this country. ―economic development programs are invariably crafted during the election period.338 thus. There are too many laws with the thrust of economic growth in mind. economically active individuals. Policy restrictions on trade and industrialization also took its toll on the economy.

regulating bodies must be independent of policy-making agencies and free of any conflict of interest when implementing sector rules. regulatory and operational responsibilities. Philippine Ports Authority). thereby undermining their impartiality vis-à-vis private investors. but none is financially independent or effectively free from political influence. Paul Hutchcroft calls ―Booty Capitalism. he/she would repay his financers by developing policy measures which favor the business.‖ If the candidate wins.344 Local businesses may be optimistic in terms of access to financing. ATO342 and PPA343 combine policy.‖346 This cycle starts when wealthy businessmen and even business groups with vested interests finance candidates‘ campaigns during elections. Also. regulators exist for each major infrastructure sector.Democratic Deficits in the Philippines: What is to be Done? [This is possible] by strengthening the independence of sector regulators and giving them sole authority over utility tariffs.341 Building credible and independent regulatory oversight is also part of the ADB‘s list of recommendations for better private sector development: Due to the natural monopolies associated with many infrastructure investments. In the Philippines. Air Transportation Office. but also to make the ‗help‘ worthwhile.345 however. economic regulation is necessary to balance the public interest.. not only to pay off what they spent for his campaign. 163 . limited access to the right information restrains the public and the businesses to estimate and approximate the economic environment. this exists where ―the state is dominated by powerful business groups who finance electoral exercises and use politicians and the machinery of government to further their economic interests.g. To be effective. In the case of the transport sector.‖ According to Hutchcroft. This weak regulatory framework has resulted in formal legal challenges to almost every major regulatory decision and investment transaction. it could be considered that. as part of the Filipino psyche of ―utang na loob. The public-private sector relations in the Philippines is riddled with many problems and challenges that need to be faced head-on. or even disregard past transgressions they incurred against the public or the government. This is the basis of the statement that ―the best investments happen every six years. Also. One major challenge to the Philippine government is the rampant practice of what Dr.‖347 definitely the politician would feel compelled to help the business people in any way he could. regulations and red tape are what they see as major constraints to investments and business. privatizing the remaining nonstrategic GOCCs and unbundling the commercial and regulatory roles of government agencies wherever they coexist (e.

which allows them to finance the next election. this ―very ability to distort policies allows them to capture economic rent. in his presentation entitled ―Reflections on Philippine Development Challenges and Governance.‖350 He further added that. we cannot expect tax collection efficiency to improve. Competition in the market leads to lower prices and to more output in general. Competition in international trade reduces the power of monopolists and cartels. Tax evasion is also a major challenge to the system. a weak tax system is also a deficit of the government. The combined impact of these policy distortions and our having weak state institutions makes it harder for foreign investors to develop and manage their investments in this country. According to Romulo Neri. [Contrived] monopoly leads to higher prices and smaller output. low investment rates lead to low economic growth. So. Romulo Neri explains. Sicat. how does this work. Specialization in production that is encouraged by the principle of comparative advantage enables a country – or producer – to become low cost and able to expand in the world market. and the buyer getting a good price – so long as the trade happens as a result of competition and not of monopoly. ―taxpayers evade paying the proper amount of taxes on the belief that doing so would only feed corrupt pockets. Trade benefits all parties in the transaction: the seller earning something in return. and it is one ideal (yet elusive) environment for economic growth and development. What is to be done? As Dr.351 A reduction in poverty means a higher standard of living. and that 4. and would eventually lead to high unemployment rates. this practice adds political power to the already present economic power the oligarchic elites hold. poverty. and how can we achieve the best possible results? Dr. Lastly. unless there is a ‗more trustworthy‘ government than what we have now. 3. 2. and it distorts the demarcation between the private sector and the government. Thus. the key to poverty reduction is generating greater economic value and higher income through higher productivity.‖348 This gives them greater wealth. poor social services and a very low respect for the law. According to Habito. economic rent being extraordinary profits which make them extraordinarily rich.‖ gives these propositions in economics that ‗are important in the analysis of Philippine economic issues:‘352 1. as a considerable percentage of the Philippine GDP (roughly 14 percent)349 comes from overall tax revenue. Gerardo P.353 164 .Democratic Deficits in the Philippines: What is to be Done? True enough.

including those suggested by radicals and charlatans…. According to Dr. one other important problem to address is strengthening the poor physical infrastructure of the country. A strong political will to implement and enforce laws may be one of the best solutions to defeat nepotism and the prevalence of Booty Capitalism in the country. True enough.Democratic Deficits in the Philippines: What is to be Done? These propositions. it is easier to allocate resources and achieve social goals when there is economic growth. Investment incentives provided in various laws should be reviewed. and revise those which seem to be outdated. Sicat. another one of the major recommendations for improving public-private sector relations in the Philippines is to review laws which have been set for the economy.e. Sicat. which will give rise to higher incomes and an improvement in skill competencies in the labor force. including the investment incentives that go along with them. that gainful employment ‗keeps people busy and away from mischief. After this. especially those which deal with tariff and trade. and investment. and where there is no individual or firm that could dictate on market processes to their own advantage. first. According to Dr. sometimes. Sicat even further states that as the economy grows. the ‗short-run convenience of apparently popular policy choices introduces distortions in the economic outcomes that lead to high cost in the long 165 . the government should properly implement rules and regulations for the business sector that will bring about more jobs for the citizenry. Also. Definitely. He gives several reasons for his recommendation. since poverty takes place without apparent reduction. would lead to a more efficient economy wherein there are equal opportunities for producers and consumers.‘354 and second. streamlined and aligned with the updated investment priorities. roads. there will be a scarcity in labor. Also. and the telecommunications sector would help in the quality of product transportation and develop faster and more efficient business transactions. equitable and harmonious society.‖356 Giving stability to employment through a ‗sustained rise of output and productivity‘357 creates an assurance in the people of improving welfare standards in the country. i. it would be easier to build a more peaceful. employment creation is what the government should really prioritize. when used as bases for developing economic policies. scarcity in labor ‗creates demand for greater productivity of labor because higher wages would demand a greater number of investments per labor. Improving the physical environment. This should build an environment that encourages investment and rewards robust and fair competition. there should be no special treatment for a particular set of businessmen or companies. creating jobs would help people ‗have a basis for hope.‘358 Dr. As the gaining rate of employment is sustained.‘355 gain a positive outlook and not ‗get desperate in looking for all kinds of solutions…which makes them susceptible to any offers of cures.

According to Rafaelita Aldaba. 166 . True enough.‘364 Extending SME loans seems to be a problem for banks.‘360 Protecting inefficient firms that have no chances of exporting or surviving domestic competition should also be avoided. these banks charge higher interest rates than what they charge the bigger companies.361 As the firms are exposed to outside competition. These programs could also help students and members of the academe to find stable jobs as part of research and development teams for private companies.‖359 Many of these policies counter market principles and thus. as Habito asserts. is the root of the fiscal-crisis program of recent years.‖366 Finally. The creation and maintenance of a better finance environment for small and medium enterprises (SMEs) is also important. instead of building a stronger economy in the long run. The government is also expected to provide the necessary support to strengthen competitiveness by lowering the costs of doing business. The crisis was a result of people-pleasing policy directives that the government decided upon for short-run gains. the government should consider lifting interest rate caps to increase credit flows to SMEs and pull up investment rates. as Habito states. like in the case of Thailand. these SMEs are ‗viable source[s] of potential investments to fill the gap.368 Expanding opportunities in agriculture and tourism should be one of the priorities when addressing unemployment and underemployment. who are usually the young and undereducated. ―growth built on a flourishing SME sector should do it. as Dr. it could also be an opportunity for companies to employ competent and efficient workers whom they have already previously worked with.365 As Habito concludes. An example of this. Investments done by private companies in research and academic institutions to develop solutions should be commended and even encouraged.367 These are the sectors that could very well create jobs for the unemployed Filipinos.Democratic Deficits in the Philippines: What is to be Done? run. Thus. the real sources of hope for the jobless are agriculture and tourism. becomes detrimental to the state of relations between the market and the government. Sicat states. however.363 A stronger push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector would definitely increase productivity in these two major sectors. we agree with Habito that the government needs to look beyond the business process outsourcing (BPO) industry to provide jobs for the unemployed in this country. one other recommendation is to prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. restructuring processes362 will be easier to undergo. since they prefer lending to larger companies.

including the investment incentives Properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies. especially those which deal with tariff and trade. and revise those which seem to be outdated. Expand opportunities in agriculture and tourism to address the unemployment issue. Create and maintain a better finance environment for small and medium enterprises (SMEs). Improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions. and investments. giving stability to employment through a ‗sustained rise of output and productivity‘ creates an assurance in the people of improving welfare standards in the country. Prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones.        167 . Strengthen the poor physical infrastructure of the country. Review laws which have been set for the economy.‘ Push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Creating jobs is what the government should really prioritize.

1968. the numbers are not exact. the New People's Army (NPA) was established. who had been elected chairman of the Central Committee. subsequently wrote and issued Philippine Society and Revolution in 1969.‖371 As of Liwanag‘s writing in 1988. 1969.‖370 The NPA started with sixty fighters. Amado Guerrero reestablished the Communist Party of the Philippines under the guidance of the theory of Marxism-Leninism and along the general line of national democratic revolution. however. only a few months after the reestablishment of the CPP. 5. Guerrero. base itself in principle on organs of political power built at the village level and facilitate the formation of united front committees and secret cells at higher levels. Thus. Upon the declaration of martial law in 1972. Party cadres and mass activists had to be absorbed by the urban underground and by the revolutionary movement in the countryside. on April 24. Insurgencies This section shall discuss the Communist insurgency and the Moro issue which have persisted in the Philippines for the past decades. yet it is estimated to have grown into a definitely larger number than listed in 1988. the CPP has incorporated armed struggle. In carrying out the Communist struggle in the countryside.000. On March 29. As of latest date. A. mainly organized through a legal peasant association and administered by barrio organizing committees. SPECIAL CONCERNS This chapter will detail some democratic deficits on special concerns like the continuing Muslim and Communist insurgencies and food security. land reform and mass-base building. The peasant mass base there was about 80. the CPP-NPA-NDF increased its membership to 35.Democratic Deficits in the Philippines: What is to be Done? IV.000 members were of cadre quality capable of leading at least a committee or a squad. 1973. A Short History of the Communist Insurgency in the Philippines369 On December 26. Out of the total membership. the National Democratic Front (NDF) was organized ―to embrace the underground mass organizations. armed with nine automatic rifles and twenty-six single-shot rifles and handguns in the second district of Tarlac province. This was facilitated by the ―conjoining of the proletarian cadres from the urban areas and the fighters of the old people's army. the urban-based legal democratic mass organizations under the broad alliance banner of the Movement for a Democratic Philippines were outlawed and forced underground. 168 .000 through the urban and rural revolutionary mass movement—in central organizations and in fourteen regional Party organizations.

in 1968.Democratic Deficits in the Philippines: What is to be Done? (For a more detailed history of the CPP before its reestablishment in 1968. the Moros were still resistant to their integration into the mainstream politics. The Integrationist Approach started after the end of the Pacific War and subsequent proclamation of Philippine Independence. the Secessionist Option (19681976). They sought self-respect. culture and way of life of colonial Manila. the term ‗Moro‘ was coined by the Spanish colonizers to refer to the Muslim inhabitants outside of the capital. in subservient collusion with foreign imperialist powers. Tan‘s book ―Internationalization of the Bangsamoro Struggle‖. Manila. could possibly be divided into three parts. However. which lasted from 1976 till 1990. and the Separatist Alternative. can only be dismantled if the Philippine nation-state itself is dismantled and the captive nations which make-up its components recover their respective sense of nationhood and are subsequently liberated…no choice is left for the Bangsamoro nation but to free itself from this environment of insecurity and the prospects of a bleak future…” (Alonto. culture and customs into the new Filipino republic. corrupt and profligate Filipino elites whose oppressive and exploitative domination of and stranglehold on practically every aspect of life in this country. according to the thrust and main ideology ruling each section: the Integrationist Approach (1946-1968). dynamic participation in all areas of social development and dignity alongside their men. 2006)372 What is the „Moro Issue‟? Originally.376 integrationist ideals gave way to secessionist ones. The present armed conflict is a continuation of the long history of the Moro people‘s struggle against all forms of colonization and subjugation. Although the Americans replaced the Spaniards as the colonizers of the Philippines in 1899.374 It reached its height in 1971 when the Moro National Liberation Front (MNLF) declared an armed struggle with a demand for an independent state for the Bangsamoro.375 The Moro struggle. and acknowledgment of their differences in various aspects of life from the rest of the Philippine territory. an active. in Samuel K. after the Jabidah Massacre.373 Their struggle for self-determination dates back to the late 16th century with their fierce resistance against the Spanish invasions in the southern regions of the country.) A Short History of the „Moros‟ in Mindanao and the Mindanao Struggle “There can never be significant changes and reforms in a colonially-manufactured synthetic nation-state governed and perpetually plundered by greedy. and some Moro families and key persons worked closely with the government to achieve the integration of the Muslims‘ land. which were led by the Bangsamoro Liberation Organization of Datu Rashid Lucman of 169 . please see Annex ZG.

NDF spokesman Luis Jalandoni admitted that ―the chance for peace talks is already dim. the government had concentrated the Task Force Lawin and organized the "barrio self-defense units" (BSDU) to operate against the NPA. The most concrete means of compromise between the government and the Moros was the 1976 Tripoli Agreement. Nur Misuari spelled out the ideological backgrounds and thrust of the MNLF through press releases and public speeches. the Joint Agreement on Safety and Immunity Guarantees (JASIG) was mutually approved to protect the panelists. the CPP has even ―consistently sought unity. socioeconomic reforms and disposition of forces that are the core of the present armed conflict. 2005.‖379 The rebel group had broken off formal negotiations last year and cited government‘s failure to honor agreements it had forged with them. the government proclaimed the elimination of the NPA and the peasant movement. On October 5. and that this Moro Nation that he spoke of was inherently separate from the rest of the Philippines.Democratic Deficits in the Philippines: What is to be Done? Lanao. the NDF postponed formal negotiations with the government ―to comply with its obligations‖ according to the Hague Joint Declaration approved in 1992 and other agreements. however.‖378 Apparently. Following the Tripoli Agreement in 1976. The declaration proclaims ―the need for peace talks to address the roots of the conflict and arrive at reforms…At least three substantive issues awaited discussion: constitutional reforms. which gave rise to the idea of a Separatist Alternative from 1976-1990. In December 1970. In 1995. as NPA units had been destroyed. please see Annex ZG. Misuari‘s ideology primarily promoted the view that a ―Moro Nation‖ had really existed even long before the Spanish colonization of the Philippines.‖377 But since the latter half of 1969. which was signed under the Marcos administration. the government suspended the JASIG as a response to the NDF‘s persistent refusal to peace negotiations and continued atrocities committed by the rebel forces. The government also condemned the use of landmines by the rebels in their offensives as violation of the Comprehensive Agreement on Respect for 170 . Also. (For a more detailed history of the three subsections of the Moro struggle. cooperation and coordination with the MNLF as well as with other forces of the Moro people even as the Party criticized their acceptance of regional autonomy within the framework of an oppressive state as provided in the Tripoli Agreement.) Government Responses to Communist Insurgencies According to Liwanag. the peace dialogue with the National Democratic Front (NDF) is at a crucial juncture. In fact.

The government then announced additional funding to increase its anti-rebel program. strengthening its offensive and increasing clashes between the military and rebels. especially on the National Police. the Philippine Army was ―reassigned counterinsurgency operations on the island of Negros as part of an escalating government campaign against communist rebels‖ (Project Ploughshares). rebel attacks increased.000-strong NPA. peace talks were again suspended. a breakaway faction of the CPP/NPA in Mindanao.‖380 Meanwhile. in spite of the lingering conflict since 2001.‖ In 2004. The government continued strengthening its military forces. 97 NDF personnel covered by the JASIG with standing warrants of arrest could be arrested and the suspension of their criminal proceedings could be lifted. and it was highlighted with more casualties. The UN began an inquiry into this. In April 1997. The Project Ploughshares website shows us a complete breakdown of the highlights of the government‘s engagement with the CPP-NPA-NDF. and attacking police and military targets. The government‘s Social Integration Program (SIC) provided financial assistance for 225 rebels in exchange for surrender. The international community sharply criticized the Philippine government for its role in the so-called ―extrajudicial killings‖ of leftist activists since 2001. the NPA is continuing its strategy of taking ―revolutionary taxation‖ from mining operations. the CPP-NPA-NDF was named by the US as one of the terrorist organizations. as listed in the website. and remains so until this day. with the aid of US arms and training. despite renewed peace efforts. while the military targeted mining regions as a means to sever NPA funding and encourage foreign economic development. mainly in these mining regions. talks between the two sides resumed mid-year. but it had little to no success. signed a ceasefire agreement with the government. It was at this point in time too that the RPM-M.Democratic Deficits in the Philippines: What is to be Done? Human Rights and International Humanitarian Law (CARHRIHL). no government or military personnel have been persecuted in relation to the ―extrajudicial killings‖ of leftist activists. Until now. ―after a short respite for peace talks. but government forces continued to struggle in the battle against the 7. In 2003. escalated fighting claimed the lives of over 100 people. President Arroyo remained committed to defeating the NPA by the end of her presidential term in 2010. the NPA was held responsible for bombing many private companies. both in the military and in the rebel side. Elections in May 2010 were generally considered free and fair. but increased violence and accusations of electoral fraud marred the results (Project Ploughshares). In 1998. and may explain claims that NPA numbers have been reduced. as did attempts by the CPP to create a joint campaign with the MILF. In May 1999. as part of the global ―war on terror. To date. This started another major conflict between the government and the communist group that in 2005. With the move. despite a UN 171 . government forces were ordered to resume full hostilities against the communist rebels. Attempts to resume formal peace talks in late 2008 failed. Hundreds became displaced this year.381 In 2006.

colonial bias against the marginalized. it should be noted that the Christian majority even shared power in the Muslim regions. True enough. the minorities have been pushed farther down the list and not given close attention. This bias continued to affect development and of many policies and programs of the state. not to mention the projects by private institutions in the development of the southern regions. Cotabato and Sulu opted to cooperate with the national government through appointments in local and national positions. economic and social concessions to Muslim leaders. even became political slogans and propaganda.383 As priorities shifted. The government was right though in believing that. the post-1946 Filipino government sought to eliminate this kind of integration by developing policies which were more or less guided by the constitutional guarantee of religious freedom.Democratic Deficits in the Philippines: What is to be Done? report and government ―disappearance. but also the near-monopoly of national power as well. which. There were limited opportunities for Muslims in government service and even in the private sector. but also in infrastructure and employment. as shown during the Integrationist Approach section of this chapter. education and housing. the Muslim threat to national security could somehow be alleviated. it could not be denied that bias against non-Christian minorities remained a large barrier towards nationalism. by giving enough political. especially after the creation of the Commission on National Integration (CNI) in 1957 and the founding of the Mindanao State University in 1968. This watered down the secessionist and separatist struggles. many Muslim families from Lanao.‖382 taskforce documenting military involvement in cases of Government Responses to the Moro Issue Overview Since 1946. These two avenues gave the Muslim leadership ―a sense of importance they 172 . Despite carefully conceived policy thrusts and programs. non-Christian cultures was difficult to eradicate. Although integration was primarily based on the Spanish and American promotion of the Christianization of nonChristians throughout the country. Truly. not only in providing the basic needs such as food. the lack of tangible projects and strained resources accompanying the rapid increase in national population continued to plague the Muslim communities in the South. according to Tan. The Christian (primarily Roman Catholic) majority in the country not only enjoyed access to abundant resources. and they continued to suffer neglect by the government. we can observe that the government answers to the challenges of the Muslim struggle have been based primarily on the idea of integration. Also. But then.

It was also agreed upon that foreign policy and national defense would be overseen by the central government. This started another conflict between the government and the MILF. Most importantly. especially because the referendum did not succeed due to the migration and influence of new Christian settlers into Mindanao. The outbreak of war in Sulu in 1974 between the Philippine military and the then-newly-formed MNLF reduced hundreds of residents to utter poverty and razed Jolo to the ground. financial and administrative systems were under the autonomous government. the latter carrying the promise of a possible joint force between the Philippine Armed Forces and the MNLF. a ceasefire. Sulu. a referendum regarding the implementation of the agreement was turned down. and as for the educational system. Sultan Kudarat. This was the Muslim war of independence that caused the most tragic losses to both parties. Lanao del Norte. North Cotabato. after the Marcos dictatorship (the government of the day when the Tripoli Agreement was signed). scores of soldiers and MNLF mujahedeens were killed in the battle. with minimal supervision of the central government. Thus. Also. Shari‘a law was implemented in their courts. to end the armed conflict.‖384 Even so. Cotabato and Basilan. provided that they would still follow a basic set of rules for the general education system of the state. Zamboanga del Norte. and the only logical direction was to conduct peace talks in order to avoid more conflict and loss of lives. the historic Tripoli Agreement was signed between the MNLF and the government of the Philippines. Davao del Sur. it granted autonomy to 13 geographic regions in Southern Philippines. Lanao del Sur. The MNLF claimed that the government did not properly hold on to the end of the bargain. The entire Sulu archipelago. 1976 Tripoli Agreement The 1976 Tripoli Agreement between the Philippine government and the Moro Islamic Liberation Front was a product of the mediation efforts by the Organization of the Islamic Conference (OIC). a year after the signing of the agreement. Libya in December 1976. ceasefire was declared immediately after the signing of the agreement. Zamboanga del Sur. Tawi-tawi. colleges and universities. hostilities continued on both sides. Maguindanao. in 1986. 173 . which led to drafting of the 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM). Signed in Tripoli. Both parties agreed upon the regions since these areas housed the majority of the Muslim population in the country. The economic. and some of the other sectors were too. the Muslims had the right to set up their schools. and peace negotiations were achieved.) However. an amnesty program. (See Annex ZI for complete text of the 1976 Tripoli Agreement. South Cotabato. namely Basilan. in 1976.Democratic Deficits in the Philippines: What is to be Done? had been seeking. and Palawan. was turned into a war zone. Eventually. including Lanao. as properties and valuables were also pillaged or burned down. as well as the venue to project their political and intellectual profiles in Philippine society.

Democratic Deficits in the Philippines: What is to be Done? 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM) The 1988 Organic Act to form the ARMM was developed and approved during the Aquino administration. although the Regional Consultative Commission that helped draft the Autonomy Act recommended enough funds for the development of the Autonomous Region.000 Muslim refugees destitute.‖385 Giving a more comprehensive framework for the development of the ARMM.390 The integration of former MNLF guerillas into the Armed Forces of the Philippines (AFP) as well as the Philippine National Police (PNP) was also envisioned as part of this phase. in 1995. Ramos. He furthermore mentions that ―the Regional Legislative Assembly [of which I was Speaker]. enacted a law creating a Regional Police Force for the Autonomous Government pursuant to the Constitution but remains a dead letter law up to now. the Southern Philippines Council for Peace and Development (SPCPD) will be established as a mechanism to ―monitor. 174 . involved the development of a Special Zone of Peace and Development (SZOPAD). 1996 „Final Peace Agreement‟ In September 1996. It contained a more comprehensive listing of provisions for governance of the region. according to Lanao del Sur Rep.‖388 Concurrently.) However. there will be a Consultative Assembly. Since the outbreak of war in Sulu. signed an agreement in Manila to end the 24-year hostilities in Mindanao between these two parties. promote and coordinate the development efforts‖ within the SZOPAD. Yan. all these will be established through an executive order. It was designed to further lay down the provisions for the construction of an autonomous region in Mindanao led by Muslim leaders. It was also developed to straighten out the problems brought about by the breaches in the Tripoli Agreement by both the government and the MILF. and the MNLF under Nur Misuari.000 casualties from both parties and left more than 300. on behalf of President Fidel V. the Organic Act also paved the way for the 1996 Final Peace Agreement between the Ramos administration and the MNLF. Implementation of the agreement was envisioned to be divided into two phases. a three-year transitional period. it has never been implemented because of the refusal of the central government. the Philippine government. one of which was Nur Misuari.386 By the time this agreement was signed.389 Lastly. led by Chairman Manuel T. the war in Mindanao is estimated to have cost the Philippine government $3 billion since 1972. there had been more than 120. and the rights and responsibilities of each person in the ARMM. Phase I. (See Annex ZH for the complete text of the Organic Act for ARMM.387 which will be the focus of ―intensive peace and development efforts‖ to which investments will be channeled in order to ―spur economic activities and uplift the conditions of people therein. Pangalian Balindong in his 2008 privilege speech to the House of Representatives.

We will no longer have reason to fight each other again. Under the MOU. Nur Misuari.‖ Signing for the GRP was Asst. chairman of Moro National Liberation Front (MNLF). and 175 . economic activities. finally peace. in which the subsequent law would be submitted to the people in the affected regions in a plebiscite for ratification. The provinces which vote for and opt to be part of the ARMM in that plebiscite (to take two years within Phase II) may then be formally incorporated into a new autonomous region. governance. with no specific. it must be stable and permanent. It must also be meaningful and able to achieve change and.391 Recent Government Responses to the Moro Issue In the privilege speech of Rep.‖392 Sporadic pushes for peace talks have happened in the course of the Arroyo administration. Libya. an official said on Friday [April 23. the government has been working recently on a closer implementation of this Agreement. Camilo Miguel Montesa of OPAPP. Sec. 2010]. in the conflict-affected areas. to continue working on the implementation of the Final Peace Agreement. all the parties concerned also agreed ―to undertake a GRP-OIC-MNLF tripartite process structure to monitor the implementation of the 1996 Peace Agreement and the security. tangible document of peace yet. Sec.‖394 In the course of writing this paper. The new law will then incorporate the applicable provisions in the 1996 Agreement with new provisions which may later be espoused with an expansion of the territory from the four provinces that currently compose the ARMM. It must be sincere so that there would be no need to go back every now and then to the negotiating table. it was reported in the MindaNews article by Arguillas that the ―government and the MILF peace panels have postponed to March their February 18 to 19 meeting in Kuala Lumpur to review the drafts on the comprehensive peace settlement that they exchanged on January 27. only a proposal for a Comprehensive Compact in January 2010. The agreement was signed on Tuesday at the World Islamic Call Society.Democratic Deficits in the Philippines: What is to be Done? Phase II consists of a legislative action either to amend or to repeal the 1988 Organic Act of the ARMM. Balindong in 2008. 2010 news article: The Government of the Republic of the Philippines (GRP) and the Moro National Liberation Front (MNLF) signed a Memorandum of Understanding (MOU) in Tripoli. he said that ―I urge all parties (the GRP and the MILF) to go back to the table and talk peace once and for all.393 However. Annabelle Abaya of the Office of the Presidential Adviser on the Peace Process (OPAPP) said that the implementation of the Peace agreement as embodied in the signed MOU shall be fully carried out. including the delivery of social services. Whatever it is that GRP is willing to give whether autonomy or federalism. In an April 24. but all it achieved were sparse ceasefires and a few peace negotiations.

‖396 Even the government‘s counter-insurgency efforts have been characterized by brutality and corruption of the military. because it gives them something to do—financial gains if you may. one of the major challenges that face the government is the failure of the government to deliver the basic needs and services for the people of Mindanao.‖397 In Lagarde‘s article.  Release of political prisoners. 2004. 000 victims of human rights violations under the Marcos dictatorship have won their case in the US Court of Hawaii. Examples of these are the insufficiency of barangay roads. and the political levers are held by the landowning Philippine elite. ―Instead of protesting US intervention. according to Lagarde. and those whose release orders were signed already by President Arroyo in 2001 but have not yet been released to date. ―poverty and social inequity are growing. Most of the reasons are basic. the Arroyo regime in fact invites it. the NDF desired that the government resolve the following issues before the peace talks between both parties are resumed:  Terrorist listing. most especially those in the rural areas. Of high priority are some Mamburao farmers.398 Challenges Posed by the Moro Issue As for the Mindanao issues. although there are many.‖ the CPP said in a statement. analysts say. The NDF demands the government to at least speak out against the US and European ―terrorist‖ listing of the CPP-NPA-NDF. communism still persists in the Philippines. chairman of the Organization of the Islamic Conference-Peace Committee for the Southern Philippines (OIC-PCSP).  Indemnification of human rights victims. some people are ―of the belief that a section of the military feels it is in its interest not really to totally defeat insurgencies. During the formal peace talks in Oslo on June 22. But NDF protested that the government remained ―unjust to these victims by preventing them from seeking justice‖ in the Philippines. As Roy Lagarde puts it. the NDF negotiating panel presented a list of 270 political prisoners and asked for their release.Democratic Deficits in the Philippines: What is to be Done? Ambassador Rezlan Jenie. to test the government‘s sincerity to pursue peace.395 Challenges Posed by the Communist Insurgencies While much of Asia has discarded communism for capitalism. women and children. the sick and the elderly. which has dragged its feet on agrarian reform since the restoration of democracy in 1986. The panels worked on the review of the implementation of 1996 Final Peace Agreement. Almost 10. and the lack of educational facilities and even health programs 176 . and.

yet very difficult to face or even accept. Relative deprivation is a phenomenon that takes place when there is a discrepancy between the people‘s value expectations (what people expect that they deserve) and value capabilities (what they actually have or are capable of obtaining). In a forum-workshop for Muslim youth leaders held by the Institute for Autonomy and Governance with Konrad Adenauer Stiftung in 2008 in Davao City. it is also necessary for social reforms which will strengthen social cohesion and stability between multi-cultural Mindanao. and the corruption and insincerity of the national government. not to mention widespread corruption embedded within transactions. the Philippines being branded as one of the most corrupt countries not only in Asia but 177 . This also comes with the inability to meet Muslim demands for socio-economic benefits vis-à-vis the more progressive Christian majority population. dispossession of land. cultural and religious intolerance. lack of trust among the peoples in Mindanao. including the indigenous peoples who have inhabited the land since time immemorial. and even why there is still a relatively large base of recruits by the NPA. misunderstanding and lack of cooperation between government offices. Corruption is truly a major problem.Democratic Deficits in the Philippines: What is to be Done? for the citizens. Finding a comprehensive solution to this would not only lessen the hostilities between the military and the Muslim population. In Rosalita Nuñez‘ book Roots of Conflict. Ted Gurr‘s theory of relative deprivation could explain well enough what Mindanao is going through.403 thus. implementation problems stem from miscommunication. but also many other indigenous peoples. the ancestral domain issue is also one of the major challenges in Mindanao.‖400 There are three forms of these values: the relative deprivation of welfare values. True enough. cohesion between various sectors of the government seems to be a challenge that has spanned many generations. relative deprivation is a ―group of people‘s thinking and feeling‖ that what ―ought to be‖ is different from what ―is. the challenges for the government seem very simple.399 To put it more simply. it could also give way for a more peaceful environment in the whole of Mindanao. Definitely.‖402 It is a type of conflict that could not be ‗calmed‘ by politics and economics alone. Most of the time. Lastly. for not only Muslims occupy a large chunk of Mindanao land. she expresses the view that the basis of the Mindanao struggle can be thoroughly expressed by the relative deprivation of its inhabitants. power values and interpersonal values. A deficit in one of these values is already detrimental to a country‘s overall stability. a deficit in all three is already a critical point to stimulate the people to cause conflict or instigate revolution. the youth delegates listed five major root causes of the problems in Mindanao: historical injustice.401 Bolongaita asserts that the roots of the conflict in Mindanao ―go deep down in the collective consciousness of the people in the island and in the country.

What is to be done? “Military strength and strategies cannot resolve the Mindanao conflict…development assistance must be people. since the laws are not as clear-cut as they should be. Definitely. ―Autonomy has not helped solve the problems that are at the root of the Moro insurgency. says. for they did not bring about peace and progress in the whole region since the time they were formulated by the government. There are many reasons for the ongoing secessionist and insurgent thought in Mindanao—and most of them stem from what scholars call ‗structural weaknesses‘ of the government and its policies. as Mujiv Hataman. there is no one all-encompassing solution that could be developed and implemented to remedy the situation in conflict-affected areas soon. 178 . implementation of the law is also a major problem being faced by both the national and the local government in the region. at the end of the day.‖ There must be some things that should be altered. On the premise that communism thrives on conflict or contradiction. As Benedicto Bacani stated in his article.and community-oriented” (Mercado. there might be a possibility that other difficulties could also be addressed. Mindanao is teeming with arms and political warlords who are omnipresent. 2008) Political Sector As Roy Lagarde puts it. ―the settlement [in the peace process] may be substantial and comprehensive but will suffer problems in implementation. they had again failed in the span of the Arroyo administration for lack of a good framework for peace and governance in the area. Also. as what could be observed after the infamous Maguindanao Massacre of 2009. it can be argued that the ―best panacea to insurgencies‖ is good governance. to suit the needs of the ever-evolving (not to mention elusive) challenge of peaceful co-existence in the Philippine landscape.Democratic Deficits in the Philippines: What is to be Done? also in the world. a Muslim youth group leader.‖ Truly. it was the bad governance of the Marcos administration that gave it more life. while things took a better turn through the efforts of the Ramos administration. or even developed. True enough. the present remedial set-up for both the Mindanao issues and communist insurgencies are not the most effective ones.‖404 and… Definitely. One must closely study and develop the solution while understanding both parties and the issues they present. Some of these ‗weaknesses‘ include the ―lack of clarity of the premises of the negotiated settlements‖ and the ―failure to articulate the foundation of these settlements. or the pact addresses only the ‗problems‘ of the MILF. If this seemingly intractable problem could only be given more attention and action.

Democratic Deficits in the Philippines: What is to be Done? Since governance remains a very important factor in achieving peace, the question of federalism now comes into view. Jose Abueva asserts that a federal government is best suited for the Philippines since it could deliver ‗greatly improved governance‘ by being able to gradually ‗develop greater human and institutional capabilities for governance.405 Furthermore, there shall be developments in decentralization and devolution which could not be attained under the unitary system. However, some problems might still arise especially if the public remains uninformed or even misinformed regarding the federal system of government. Shifting to a federal system of government does not automatically mean progress and peace; it is not a cureall against the deficits of the government and the country itself. Constitutional revisions also require a lot of hard work, and definitely, the country needs more experienced and dedicated statesmen to be able to produce more comprehensive and updated constitutional reforms. Also, since the hindrances of political warlordism and the bondage of citizens to their political leaders have always been present, one possible solution for the rampant political warlordism in Mindanao (and other parts of the country, for that matter) is the complete disarmament of these warlords, regardless of their positions in government, or their connections to the present administration. The government cannot afford to give special treatment in such situations, and a show of strong political will is important to ensure that everyone is equal under the law of the land. Also, most importantly, proper implementation of rules and programs would not be possible if there are loopholes which exist in the law itself. Rules of engagement should be welldefined in order to avoid unnecessary armed conflict which could lead to casualties. Constitutional reforms—especially those regarding territory and management of institutions in the ARMM—should be reviewed and assessed more closely to straighten out conflicting statements and provisions. As for the challenge of public administration and proper implementation of laws, it must be understood that implementation work does not all depend on one particular sector of the government. These laws and programs are interconnected; most of the time, they require more than one branch of the government for smooth accomplishment of specific goals. Most of these laws and programs look good on paper, but they often do not work in the ways they should because of lack of cohesion in the government sector. Objectives would remain empty words as long as only a few are willing to work for it; visions could more easily be realized if the people could see them and work together towards the common goal of peace and progress. Economic Sector Although the Communist struggle and the Mindanao issue are different in substance, ideology and framework, there are problems which overlap between them—especially the allencompassing major problems of poverty and unemployment. Civilians trapped in conflict 179

Democratic Deficits in the Philippines: What is to be Done? zones suffer in poverty and fear, and many innocent lives are taken in skirmishes between the military and the rebels. True enough, Mindanao is a land of contrasts. Although famous for marine and land biodiversity and richness of its natural resources, it could still well be considered the poorest region in the Philippines. Amidst the beauty of its surroundings, a peaceful environment continues to be elusive and people are in for a bleak future if no drastic measures to remedy the peace situation are taken. Various scholars have proposed an array of solutions and recommendations regarding the peace situation in Mindanao, yet, a lot has to be done to really reduce conflict situations and strengthen the peace process. The Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao study done by the World Bank appears to have the most feasible propositions and comprehensive solutions regarding the issues. They have divided their proposed solutions into three headings: the Immediate Term, which, as they propose, will serve as ―confidence and trust-building measures‖406 and are ―immediately doable and highly visible projects…[which] will yield quick ‗peace dividends‘ to the community.‖407 This includes ―food aid, construction of core shelters, provision of farm and fishery materials and equipment, rehabilitation of damaged health and educational facilities, and immunization of infants and children.‖408 The second heading, called ―Short Term‖ projects, are ―meant to consolidate gains from the initial round of engagement with the conflict areas.‖409 This includes ―educational assistance to out-of-school youth, rehabilitation of access tracks, small bridges and irrigation facilities, capacity-building for various local institutions and farm and non-farm livelihood projects.‖410 The last is the ―Medium Term‖ heading, wherein plans such as feasibility studies for large-scale agribusiness projects are recommended ―to bring the conflict areas to the path of sustained growth and recovery.‖411 This particular phase will be linked closely with the longterm development goals of the government and the private sector in that area. These propositions made by the World Bank, if done efficiently and in proper terms with both the government and the private sector, may very well lead to the progress of the Mindanao region. Not only that, the framework could also be used for other underdeveloped areas plagued by insurgencies left and right. With all the overwhelming challenges that face the government, it is only right to accept that the government cannot do everything on its own without the participation of civil society and the private sector. Thus, what could make up for the many deficits of the government is closer ties among the private sector, civil society and the government. 180

Democratic Deficits in the Philippines: What is to be Done? Social Sector As Nuñez discussed in her book, one of the roots of the Mindanao conflict is the lack of cultural pluralism. Thus, to fulfill the dream of a ‗society that helps the different peoples in Mindanao gain confidence in achieving self-realization,‘412 one must also bear in mind the importance of addressing social issues. One possible avenue for realization is the development of inter-faith dialogues to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao. These confidence-building measures could help produce ideas to develop conditions to decrease animosity against each other. The enhancement of the Madrasah educational system for Muslim children is also a tool in mitigating the Muslims‘ perceived discrepancy between what they desire and what they can achieve in reality. According to former Education secretary Jesli Lapuz, enhancing the Madrasah program could "positively contribute to the ongoing peace process, make the public education system more intensive and seek to improve the quality of life of Muslim school children through education.‖413 Finally, the involvement of children in conflict zones, is a major problem in Mindanao and in provinces teeming with CPP-NPA forces. This is mostly due to poverty, lack of education and opportunity, and family influence. The exploitation of children by employing them as workers or child soldiers is punishable by law, however, there are still many instances where children are involved in conflicts, and more often than not, they become casualties. Thus, according to Dr. Elizabeth Protacio, former head of the International Committee of the Red Cross (ICRC), the minimum conditions of: (1) safe environment; (2) secure economic base; (3) community resilience enhanced by traditional support networks; (4) mechanisms for protection, including the monitoring of human rights violations and the enforcement of laws,414 would be able to help child soldiers to recover and be socially reintegrated. Also, therapy and counseling would make it easier for the children to overcome the trauma and stress they have gone through. Recap of “What is to be done?” Political Sector    Improve on governance and efficiency in delivering social services to the people; proper implementation of rules and programs to render the best service possible Study the pros and cons of federalism—will it be a better solution to the Mindanao issues, or will it exacerbate differences and problems between the central government and local units? Revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system. This includes constitutional reforms and further definition and clarification of rules of engagement.

181

Democratic Deficits in the Philippines: What is to be Done?   Implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country Enhance connections within the government agencies involved in delivering goods and services to the public, and develop an orderly, more efficient system of networks between the government, civil society and the private sector

Economic Sector Immediate Term (1-2 years)      Deliver food aid Construct core shelters for displaced individuals and families Provide farm and fishery materials and equipment Rehabilitate damaged health and educational facilities Develop health programs dedicated to the care of infants and children

Short Term (3-4 years)     Provide educational assistance to out-of-school youth Rehabilitate access tracks, small bridges and irrigation facilities, Develop projects for capacity-building for various local institutions Implement farm and non-farm livelihood projects.

Medium Term (5-6 years)   Draft feasibility studies for agricultural development and agribusiness prospects Make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses

Social Sector    Develop inter-faith dialogues as confidence-building measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao Enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children Decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education, and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas.

182

416 This is alarming. 24 percent in 2007 and 51 percent in 2008. especially in countries where political and social institutions are fragile. Domestic agricultural productivity is further hampered by instability in governance. handling and transportation of livestock and fish is hampered due to poor physical infrastructure and lack of methods to preserve the meat and fish for consumption in the markets. We used to keep a food buffer stock of 90 days. thus. Also. This is due to numerous pesticides and chemical fertilizers used to either combat pests or speed up crop growth and increase crop yield. Higher incidence of sicknesses brought about by poor handling of agricultural produce is also a challenge.000 children all over the world who die of hunger and malnutrition. food security is one of the major problems of the world. A poorly fed individual who could not meet the standards of the Recommended Daily Allowance of required vitamins and minerals is more likely to get sick. it has gone down to just 30 days. this is happening globally. which is exacerbated by inadequate financial resources for goods of major importance for the 183 . there will be a strain on his labor productivity.419 However. it could be seen that the whole range of commodities has risen by 9 percent in 2006.418 Challenges to Food Security Food shortages automatically lead to higher mortality rates. food buffer stocks in the country are diminishing. Food Security Overview of the Situation With a growing population. With the soaring food prices. and poor health. this is not happening only in the Philippines. the first order of the day that a government should push for is to put food on the table of every household. These rising food prices could bring about unrest and political stability. an even higher poverty incidence. and definitely. As the Food and Agriculture Organization (FAO) keeps a world food price index.Democratic Deficits in the Philippines: What is to be Done? B. the Philippines is not exempted. Everyday. Another example is Haiti where problems were further compounded by the January 2010 earthquake. this means that more people will go under the poverty threshold—the United States Agency for International Development (USAID) projects that 133 million people will be under the poverty line. especially because this means that poor countries will be paying 40 percent more in their food import bills.417 Further. there are more or less 10. There are already about 854 million people in the world who are hungry and undernourished. and those with conflict areas like the Philippines. but now.415 True enough.

The Tindahan Natin. 2. The significant dependence on the importation of rice from our neighboring countries by the Philippines is a major challenge.000 poor families in NCR. Extension. a component of AHMP which promotes integrated backyard gardening in rural communities through training and provision of seeds and planting materials. is now implemented in priority municipalities within FIVIMS/AHMP422 provinces and all villages in the National Capital Region. 3. they said it will give ―priority to areas where local governments are willing to provide counterpart funding for farm-friendly programs and to 184 . This is to improve commodity flow and marketing of agricultural products to maximize economic potentials. Agriculture Secretary Arthur Yap said these priority areas for government funding or intervention support will be divided under the twotiered system.420 A large population also constrains the capacity of the government to develop efficient and effective programs for agricultural development. Driers and Seeds—was one of the major programs of the administration to address food shortages. The Gulayan ng Masa Program. serves close to 330.424 Also. a project that provides low-priced but good quality rice and instant noodles to low income families through an accredited store.4 billion. distribution of poultry. continue to be implemented in all provinces of the country. based on each and every FIELDS component. especially with the fact that rice is the staple food of the Filipinos—thus it is imperative that we improve on rice productivity. Irrigation. according to the website of the DA. pre-school and day care centres and one of the immediate stop-gap measures to mitigate hunger among poor families. The Food-for-School Program (FSP). The League of Municipalities has also conducted a campaign dubbed ―Kung Maliit ang Pamilya. small ruminants. numerous programs addressing food shortages are already being implemented. a food subsidy program that provides a daily ration of one kilo of rice to hungry families through children in Grade 1. Water transport facilities such as ports and wharf facilities have also been constructed in 33 of the 49 FIVIMS provinces costing about P1. Programs promoting good nutrition on the other hand.423 The FIELDS program of the Department of Agriculture (DA)—which stands for Fertilizers. Loans. Kayang-kaya‖ to encourage families to achieve a manageable family size. Current Government Projects and Responses421 In the current Arroyo administration.Democratic Deficits in the Philippines: What is to be Done? population. Some of them include: 1. livestock and fingerlings is being implemented in 38 of the 49 FIVIMS/AHMP provinces. while programs that support population management cover 28 provinces.

‖426 What is to be done? To achieve food self-sufficiency and alleviate the challenges of food security. under the leadership of former Chairman Atty.‖425 The National Commission on Indigenous Peoples (NCIP). Insigne. 185 . Increasing smallholder farmer food production. Enhancing emergency food assistance nutrition interventions and safety nets.600 clusters spread out in 48 provinces across the country where per-hectare yields are below the national average of 3. In fact. and making them more accessible to all. and private companies. Immediate supply of seeds. especially in increasing smallholder farmer food production.‖ He hopes that the project can be replicated in other areas and benefit the entire country. fertilizer. which will.‖ Yap stressed that ―the counterpart funds provided by local governments will help offset the impact of the financial crisis by generating economic activities and creating more jobs in the countryside…greater investments in the sector will induce greater economic activity. veterinary drugs/services and small pumps.8 metric tons (MT). Eugenio A. The development of 1 million hectares of ancestral land through a multi-stakeholder approach is envisioned to benefit the country.Democratic Deficits in the Philippines: What is to be Done? the 2. and 4. Department of Agrarian Reform. This includes the following: 1. in turn. According to Insigne. and Department of Environment and Natural Resources. each country has to develop measures that could increase food supply. or promote economic development and eventually increase the purchasing power of the people. 3. feeds.427 The Philippines has already been a recipient of aid from the World Food Programme (WFP) and the FAO. conceptualized and initiated a ―food for security‖ program to show how ancestral lands can contribute to the country‘s food security through agricultural projects. including Kuok and San Miguel Corporation. a minimum set of options has been provided for guidance to the government: 1. or 76 cavans per hectare. Department of National Defense. 2. ―We conceptualized a project on food for security with indigenous cultural communities (ICCs). rev up the rural economy and create more jobs in the countryside at a time when the global financial flu is expected by international experts to get worse in the year ahead before it gets any better. The UN has come up with short-term approaches that immediately address the needs of populations. together with the involvement of government agencies like the Department of Agriculture. Adjusting trade and tax policies. Managing macro-economic implications.

Remove barriers to domestic trade. Improve enabling policy framework. 6. transparent and private-sector led markets for food produce and quality inputs. farm to market roads. 2. there is still a large number of rural agricultural families who have not yet attained the goal of self-sufficiency.429 Achieving self-sufficiency in agricultural production is possible in the Philippines.Democratic Deficits in the Philippines: What is to be Done? 2. Improve rural infrastructure. and 4. 7. 186 . As the need might arise for a revision of the current agrarian reform program. the UN gives eight points to guide the government: 1. rehabilitate small-scale irrigation. This has been a promise of almost every administration. water and biodiversity. including land. Support development of producer organizations. yet. lawmakers must take to heart the needs of the greater population of the Philippines and not to cater only to a select few. storage facilities. facilities and other agricultural supplies until they achieve selfsufficiency in producing their own crops for their own families. Ensure sustained access to competitive. and 8. Ensure secure access to and better management of natural resources. One major recommendation is the implementation of genuine agrarian reform programs which do not patronize selected sectors of society. Invest in agricultural research. 5.428 In the long term. soil conservation by cash or food for work. Stimulate public-private investment in agriculture. albeit it would be a major challenge to our leaders as to what needs to be done. Reduce post-harvest crop losses and community-based food stocks. Another step in attaining self-sufficiency is to provide farmers in rural communities with better access to equipment. for sustainable food production growth. Remove constraints to domestic trade to link small farmers to markets. 4. 3. 3. An equal and fair agreement between farmer-tenants and landlords should be reached through peaceful consultations and conversations between the two parties. Strengthen access of smallholders and other food chain actors to financial and risk management instruments.

which could easily cause shortage and increase poverty incidence. seeds 10%. On the other hand. especially those crops that need fast drying. and integrated pest management another 10%. It could also help decrease the incidence of spoilage. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. thereby increasing the profit margin for farmers. Extension brings in about 15% 187 . True enough. technology 25%. provision of lower-cost agriculture and aquaculture-based tertiary education programs for the children of farmers who wish to continue managing their own farms should be provided to increase the number of youth who would opt to be farmers and agribusiness people. increasing nutrient content of products. A few suggestions to increase productivity include finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. educated population would yield higher income rates and higher labor productivity. peace-building processes in Mindanao will further ensure food security. a more maintained. i. Agriculture is the foundation of the growth of the industry. building more quality farm-to-market roads and better irrigation systems would also be needed to increase productivity. In addition. The strengthening of physical infrastructure. ‗the concentration should be on agriculture. public sector partnerships with the private sector and NGOs in research will definitely help in the promotion of agricultural development. Improving on aquaculture technology could be an answer to food shortage problems. Also.Democratic Deficits in the Philippines: What is to be Done? There is a need to study the proposal of some quarters to transform the National Food Authority into a postharvest service institution. ―Irrigation raises productivity by 25%.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. A higher rate of population growth means more mouths to feed. threshers. Higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products. as Amado Macasaet asserts. This will help rice farmers realize profit (in relation to the cost of farm inputs) and make them more self-sufficient and increase their productivity. Definitely. As the Department of Agriculture explains. which could be devoted to scholarly and leisurely activities for the women and children in rural areas. This is because Mindanao is home to a large agricultural base and has rich natural resources. and optimizing soil usage through alternate cropping.‖430 Improving agricultural technology is a step in solving the challenges of food security. Provision of corn and rice mills. mechanization 5%. not only in that particular region.e. dryers and other equipment would greatly reduce the time needed to do these things manually. Agriculture solves the problem of food shortage. Proper population management and improving education are two of the most basic longterm recommendations to address food shortages. but also for the entire Philippines.

including land. veterinary drugs/services and small pumps to those in need Short Term:  Study the proposal to transform the National Food Authority into a postharvest service institution. water and biodiversity Invest in agricultural research Improve rural infrastructure Ensure sustained access to competitive. soil conservation by cash or food for work Reduce post-harvest crop losses and community-based food stocks Remove constraints to domestic trade to link small farmers to markets     Medium to Long Term (5-7 years)         Improve enabling policy framework Stimulate public-private investment in agriculture Ensure secure access to and better management of natural resources. farm-to-market roads. Recap of “What is to be done?” Immediate Term:      Enhancing emergency food assistance nutrition interventions and safety nets.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price Remove barriers to domestic trade Rehabilitate small-scale irrigation. affects productivity by around 20%. and making them more accessible to all Increasing smallholder farmer food production Adjusting trade and tax policies Managing macro-economic implications Provide immediate supply of seeds. transparent and private-sector led markets for food produce and quality inputs Support development of producer organizations Strengthen access of smallholders and other food chain actors to financial and risk management instruments 188 . it is also only right to say that in the areas that we can control and handle. storage facilities. feeds.‖431 Therefore. we must be able to optimize utilizing these factors to our advantage. and the environment. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. fertilizer. which we cannot control.Democratic Deficits in the Philippines: What is to be Done? in productivity.

not only in that particular region. which will further ensure food security.e. and optimizing soil usage through alternate cropping Improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products       189 . facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families Speed up peace-building processes in Mindanao. building more quality farm-to-market roads and better irrigation systems Improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. i. but also for the whole Philippines Secure public sector partnerships with the private sector and NGOs in research i9n order to help in the promotion of agricultural development Proper population management and improving education are two of the most basic long-term recommendations to address food shortages Strengthen physical infrastructure. increasing nutrient content of products.Democratic Deficits in the Philippines: What is to be Done?   Implement genuine agrarian reform programs which do not patronize selected sectors of society Provide farmers in rural communities with better access to equipment.

legislative branch and judiciary—because reforms can only be carried out effectively with all three branches cooperating and coordinating. Will shifting to a parliamentary system compel party loyalty and a cessation to party switching? And. corruption. We await a legislature who has the political commitment not only to further reform the electoral system but legislate on the constitutional provision on a ban on political dynasties. environment. The 100 seats garnered by the administration party. sisters. We believe that the most urgent tasks for the new leadership in order to lay down the groundwork for economic development are as follows. We await as the three branches of government endeavor to cooperate and deal with our democratic deficits in the areas of education.Democratic Deficits in the Philippines: What is to be Done? CONCLUSION As we finished writing this book. sons in law and the like who were elected at this time than in the previous election. health. 190 . When we speak of the ―new leadership. The work to eliminate a substantial part of our democratic deficits within the six-year term of our national leaders will require focusing on a list of priorities. is already in danger of disintegrating as many of its elected members are reported to be not too keen to support the Speakership of the former President Gloria Macapagal-Arroyo. how this first automation of the counting of the votes has radically changed the political environment. Already. insurgencies. has anything changed? Nothing has changed because the political party system is still not composed of party members who will toe the party line and who will collectively embody the wishes in legislation of what they promised the people individually. has it really changed? The political party system is still broken. some horse trading in terms of choice committee chairmanship and membership are doing the rounds. The democratic deficit on the level playing field for those who wish to be voted upon is indeed widening and deepening. within the next five years the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. there were more ―families‖ who were elected. even euphorically. in the following order of priority: 1. sons. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. Many have exclaimed. we are still a long way to go in terms of political party reform. the national 2010 elections has just drawn to a close just awaiting the proclamation of the President and the Vice President. rule of law and justice reform. Lakas Kampi. food security and many others that we have not covered in this study. We await a national government that will work in synchronicity with local government units toward resolving governance issues. population. AFP/PNP reform.‖ we are referring to the new leadership in the three branches of government—the executive branch. Indeed. Corruption/Rule of Law and Justice Reform. did we see a lessening of the political dynasties this election? Alas. So. public-private sector partnership. more wives. But. daughters. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments.

Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay. We hope that we have presented you an overall picture of what has been. agencies and institutions who believe that something can be done to eliminate our democratic deficits and bring the Sick Man of Asia on his way to recovery. where vast potentials for development remain untapped. the alienation of the marginalized sectors of our society. Have we grown so numb and insensitive to the ills of our society such that what other countries perceive as deficits. the failure of our institutions. The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership. 191 . or simply our unwillingness to devise ways and means for our communities to have a fighting chance. Public-Private Sector Partnership. it is very difficult. if not impossible to bring development to those areas. Insurgencies. Local-National Government Relations. the apathy and procrastination of our people. Democratic deficits are the consequences of our failures as a people to cope with the challenges of development as we confront them everyday. although not pleasant. 5. we merely regard as inconveniences that we can live with day in and day out? Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people. and to the country as a whole. in contrast to purely personality-based leadership that we have now. Democratic deficits are the broken promises of political leaders. Peace is a pre-requisite to development. 2. The recommendations contained herein are the result of the cumulative efforts of the various individuals. but still hopeful of what can be. especially in Mindanao. Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. Political Parties/Electoral Reform. embark full throttle towards progress together with his Asian neighbors in the 21st century.Democratic Deficits in the Philippines: What is to be Done? Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. and eventually. the apparent incorrigibility of some officials and rank-and-file government workers. Development can only be pursued if there is a sound working relationship between the government and the private sector. 4. 3. Unless there is peace in the various regions.

according to him. 192 . The problem. Ostrogorki. (New York: Macmillan. Of the former. 3. See M.e. parliamentary groups were initially local groups with no political doctrine to guide their programs. vol. on the other hand.. They are as follows: 1. 1988). these groups are formed due to the geographical proximity of parliamentary members or the common desire of these members to defend their profession. a noted political scientist. 8. is that political organizations superimpose its control over an indifferent citizenry while government leaders are dependent of the party for election. 1966).I.I. political parties become threats to democracy. Parties also. an organization whose expected lifespan is not dependent on the lifespan of the current leaders. Ostrogorki who suggested that party organizations rose from the needs of an expanding electorate to serve as a linkage between the mass and political leadership. It has an organizational structure with lines of authority and power distribution. Political Parties and Political Development. 2003. (Princeton: Princeton University Press. small group of notables to plebiscitarian democracy. p. Labor groups and socialist organizations or the so called parliament of the streets are examples of these groups. Action and Organization: An Introduction to Contemporary Political Science.  A concern on the part of the organization for seeking followers of the polls See Joseph LaPalombara and Myron Weiner. 94. April 17. He cited two origins of the political parties. 2010. What are the functions of political parties? Roy Macridis. provides us the most comprehensive listing of the functions of political parties as follows:  Representation and brokerage: This means the expression and articulation of interest within the party and through the party. ―Political Parties and social movements. It offers candidates for elective offices on the basis of party programme of principles and goals it wants realized and. 1966).  Self conscious determination of leaders of both national and local levels to capture and hold decision making power alone or in coalition with others. 263. See Joseph LaPalombara and Myron Weiner. Duverger describes the establishment of parliamentary groups. (New York: Harper and Row. 1972). ( Singapore: Oxford UP. It attracts as much popular support as possible. states that political parties evolved from groups or associations outside the parliament. p.‖ Journal of East Asian Studies. 15 and 20. pp. Later on. 6 Quoted in Paul Hutchroft and Joel Rocamora. according to him. becoming subservient to it. 1902). Duverger claims that the evolution of political parties is related to the evolution of national parliaments and the growth of the size of the electorate. p. electoral committees and creation of a permanent connection between the two. emerge in the midst of political and economic demands emanating from industrial revolution and the extension of the suffrage beyond the citizen‘s capacity to muster. (Princeton: Princeton University Press.  Manifest and presumably permanent organizations at and other relationships between local and national units. 14. Usually. A slightly divergent view of political parties is shared by M. thereby. 3 Joseph La Palombara and Myron Weiner define political parties as having the following salient features:  Continuity in organization.‖ Philippine Daily Inquirer. these groups became ideological groups.87. 3. 2. Thus. primarily in the form of votes See Robert Bone. Government and Politics of the Philippines. p. 5 Randolph David. 4 Luzviminda Tangcangco. The major function of the party is to provide a direct political vehicle to the interests it represent. Thus. i.6. 2 Political parties are supposed to have 3 basic characteristics according to Robert Bone. to Ostrogorki. ― The electoral system and political parties in the Philippines‖ in Raul de Guzman and Mila Reforma (eds). namely. Political Parties and Political Development. Democracy in the Organization of Political Parties. The extra parliamentary origin of parties. 7 Democratic deficits of political parties may be evaluated against their functions. not simply to influence the exercise of power. the electoral parliamentary origin and the extra parliamentary origin of parties.Democratic Deficits in the Philippines: What is to be Done? END NOTES 1 How did political parties evolve? Max Weber and Maurice Duverger are the proponents of the Institutional theory which states that political parties evolved from aristocratic cliques. ―Strong demands and weak institutions: the origins and evolution of democratic deficit in the Philippines.

p. 18. 1994). 2005. (Manila: Konrad Adenauer Foundation. 14 Asian Development Bank. (Manila: Ateneo de Manila UP. (New York. 2008). ―Rule of Law: The Lamp that Illuminates. 1st place winner of the Essay Writing Contest on the Rule of Law sponsored by the Supreme Court in 2007.  Recruitment and choice of leaders: This refers to the training and preparation for leadership. Some hypotheses have been proferred by Maurice Duverger on political parties. p. 12 Justice Artemio V. 2009. 2005). 518. alienated. 193 . indifferent or simply afraid. 1-30. April 26. New York. Background Note on the Justice Sector of the Philippines. Background Note on the Justice Sector of the Philippines. pp. 11 Philippine Statement by H. 217.‖ Paper delivered by Justice Artemio V.‖ n. 10 Alfred McCoy. 13 See Elai.. Mobilization is the attempt of the party to bring rapidly large numbers of people who formerly stood outside the system. 9 ―Congress won‘t end reign of political dynasties. 8 Clarita R. pp. 58. 1997). through the government directly or indirectly.  Policy Formation: It may refer to the process in which party members create major decision on the basis of the demands of the electorate. Background Note on the Justice Sector of the Philippines.. held on November 28-30. 15 Asian Development Bank.  Integration (participation. 16-17. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. pp.‖ Philippine Daily Inquirer.E. 2009. ―Ensuring the Success of the Philippine Judicial Reform Program.Democratic Deficits in the Philippines: What is to be Done?  Conversion and aggregation: This function is a variant of representation and brokerage which means the transformation of interests and demands into policy and decision. See Maurice Duverger. Wiley. Panganiban.  Persuasion: This refers to those party activities geared to the development and presentation of policy suggestions to gain widespread support. a medium of expression of interest and participation in deliberation and choice of policies and leaders is open to all. Permanent Representative of the Republic of the Philippines to the United Nations. PoliticalParties.  Deliberation: This refers to the process in which party members come to agreement about major objectives. delivered on 20 April 2009 at the Helmsley Hotel. An Anarchy of Families: State and family in the Philippines. winning elections. (New York: Harper and Row. Panganiban. socialization and mobilization): These are variants of integration. 217-227. on Rule of Law Support and Advancement: The Philippine Experience.d. 101-102. 2010. pp. controls the fate of other associations and parties and endeavors to exact obedience and to fashion the minds and loyalties of adherents that does not allow for opposition. Jr. as follows:  That the simple majority system or plurality single ballot system favors the two party system. 91-92. 1967).  That there is a real correspondence between democracy and multipartism. 17 Ibid. pp.  Control of government: This means the actual function of legislating and governing and the constant effort of the party to control the government and its activities. Socialization is the process through which a set of norms about a political system is transmitted to the younger people. performance of governmental legislative and other functions by party members and most importantly. imposes sanctions upon its members and non-members alike. 2009. Justice Panganiban was the chairperson of the Conference. 32. p.  That there is a real correspondence between totalitarian regime and single party systems. to inculcate interest and secure mass support. either because they were apathetic. 2009. Roy Macridis. (Mandaluyong City: Asian Development Bank. Mr. Davide. 18 Annual Report 2008 (Annual Report of the Supreme Court of the Philippines) (Manila:Supreme Court Public Information Office. 1963). pp. p. 2-3.  Repression: The party. Dynamics of Political Parties in the Philippines. ignorant. Hilario G. Carlos. Political Parties: Contemporary trends and ideas.  That the simple majority system with a second ballot or proportional representation favors multiparty system. into the system. Participation mean that through the party. and Asian Development Bank. p. exposure to the public. 19 ADB Country Governance Assessment: Philippines. at the Rizal Ballroom of the Makati Shangri-la Hotel. Background Note on the Justice Sector of the Philippines. 16 As cited in Asian Development Bank.

4-9. 27 Ibid. are the following: law enforcement. Jr. 59-90. 2008 at http://attyatwork. p. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. see ―JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms. 4-7. pp.. as used in various studies.‖ posted on July 2.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. DAVIDE. November 29.. Traversing Boundaries and the No-Man‘s Land: On Mediation. pp. 29 Ibid. 30 Ibid. ―Ensuring the Success of the Philippine Judicial Reform Program.. Melencio Herrera. 4-5 to 4-6. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. Inc. pp. 224-225.‖ Paper delivered by Justice Artemio V. Panganiban. The lawyer‘s Perspective on ADR in the Courts and its Implication on the Profession. 2010. Permanent Representative of the Republic of the Philippines to the United Nations. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines. Torres. p. Parallel Session C. Judicial Dispute Resolution (JDR) as an Innovative Mode of Dispute Resolution. see Alfredo F.. and Eleanor Conda. Metro Manila: National Judicial Institute. 33 Ibid. op. For summary of accomplishments of the JURIS Project. 2005. 22 Ibid. cit. delivered on 20 April 2009 at the Helmsley Hotel. ―Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace: Indigenous Modes of Dispute Resolution and Indigneous Justice Systems. at the International Conference and Showcase on Judicial Reforms. pp. 25-45. HILARIO G. 26 CPRM Consultants. Imelda Gidor.. 4-10. 129-158. Carolyn A. pp. 38 CPRM Consultants. A publication of the Justice Reform Initiatives Support (JURIS) Project supported by the Canadian International Development Agency (CIDA). 2008. Philippines. 36 ADB Country Governance Assessment: Philippines. ―Court Annexed Mediation(CAM)-Making it Work: The Philippine Experience. Panga. pp. p. p. Mr. 32 Ibid. at the Makati Shangri-La. Tadiar. 2005. 31 Ibid. February 2008). 34 Ibid. 2008. pp. 93-94. p. ―Impact of the Barangay Justice System on Decongesting Court Dockets and Broadening Access to Justice: Looking Back and Forward.com/juris-projectsupreme-court-promotes-mediation-and-alternative-dispute-resolution-mechanisms/ See also related articles in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. Justice Panganiban was the chairperson of the Conference. 194 .ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 25 The five (5) pillars of the justice system. 28 Ibid. pp. 4-2. retired Justice of the Supreme Court. 4-6. on RULE OF LAW SUPPORT AND ADVANCEMENT: The Philippine Experience. p. at the Rizal Ballroom of the Makati Shangri-la Hotel. 2005.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. Available online from http://balita. 2005. 1-23. 45-58. pp. prosecution. pp.. Rights and Justice. March 2006. Inc.‖ A Presentation by Justice Ameurfina A. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. 23 Justice Artemio V. See also Maria Roda L.E. (Metro Manila: National Judicial Institute. 37 For a more detailed discussion of CAM and JDR... 24 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. See also various mediation stories in Most Significant Technique in Mediation Series. New York. 4-8. Metro Manila: National Judicial Institute. corrections and community.. p. JR.. p. 2008). Mandaluyong City: Asian Development Bank. 4-9. Mercado and Damcelle S.. Salvador S. judiciary. Philippine Statement by H. 35 This list was culled from ADB Country Governance Assessment: Philippines. Mandaluyong City: Asian Development Bank. held on November 28-30. March 2006.‖ May 14. Gender. (Metro Manila: Justice Reform Initiatives Support [JURIS] Project. Cisnero. 106107. 91-128. see Ameurfina Melencio Herrera. 4-8. and Chancellor of the Philippine Judicial Academy.. Court Annexed Mediation: Summing Up the Past and Charting the Future.Democratic Deficits in the Philippines: What is to be Done? 20 21 Marites Danguilan Vitug. Panganiban. For more information on the impact of the Barangay Justice System.

67 E. 2005). 2005.Democratic Deficits in the Philippines: What is to be Done? 39 The mobile court provides increased access to justice for those who may avail of: bail/recognizance. June 2004. 52 ADB Country Governance Assessment: Philippines. enforcement of prior order of release. Pacoy. 105106. Quezon City: Public Trust Media Group Inc. ―The Justice on Wheels of the Philippines.. ―Tracking Anti-Corruption Initiatives: Perceptions and Experiences in the Philippines. 59 These recommendations were culled from CPRM Consultants. p. 45 Ibid. 59..‖ Available online from http://apjr. ―Justice on wheels goes to work in Manila. Vol. 43 Cited in Marites Danguilan Vitug. 61-85.‖ Presented during the International Conference and Showcase on Judicial Reforms held at the Shangri-la Hotel.. 107.P. Final Report.judiciary. 3. 57 ADB Country Governance Assessment: Philippines. Institutional Strengthening of the Shari’a Justice System (Phase 1). Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. Mandaluyong City: Asian Development Bank. see Associate Justice Adolfo S. 51 The law states that only the Supreme Court can issue temporary restraining orders against national government infrastructure projects. release pending hearing since detention period is already beyond the maximum penalty imposable. 62 See Veronica A. 117. (Mandaluyong City: Asian Development Bank. Another law. pp.‖ May 14. 1. p. Jimenez. Institutional Strengthening of the Shari’a Justice System (Phase 1). op. 65 CPRM Consultants. 2005. mittimus for transfer to Bureau of Correction/National Bilibid Prison. pp. p. 60 These recommendations were culled from CPRM Consultants. 2005. March 2006. p. Presidential Decree No.A. 48 For a detailed account of this crisis. p. No.. Inc. and referral for medical/psychological treatment. 54 Ibid. 99. 106. 9344/referral to mediation. See Atty. cit. see chapter on ―Mortal Combat‖ in Marites Danguilan Vitug. June 2004.ph/news_2007/news_aug2008_01. p. Azcuna. Shadow of Doubt: Probing the Supreme Court.‖ Available online from http://apjr. Jackie C. op. p. Institutional Strengthening of the Shari’a Justice System (Phase 1). Saguisag.. 56 Ibid.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justice-corona-preserveintegrity-of-the-high-court/ 42 ADB Country Governance Assessment: Philippines. p. 4-4. Mandaluyong City: Asian Development Bank. pp. Philippines on 28-30 November 2005.gov. except in cases that involve constitutional issues and if the matter involved is of extreme urgency. 61 ADB Country Governance Assessment: Philippines. 2010. Inc. 41 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. plea of guilty and sentencing..ph/news_2007/news_aug2008_02. p..gov. 111. Available online from http://balita. 4-2.. 46 ADB Country Governance Assessment: Philippines. 195 .. 58 These recommendations were culled from CPRM Consultants. 2009. 2008. Mandaluyong City: Asian Development Bank. p. also prohibits the issuance of injunctive writs against government projects. 2005. 2010. 104. 55 Ibid. 103104. June 2004. Inc. 132-135.. pp. pp. cit. Inc. Supported by the Supreme Court and the UNDP.judiciary. Background Note on the Justice Sector of the Philippines. p.‖ JOAAG. 47 Ibid. 131-132.html 63 National Prosecution Service 64 Asian Development Bank. p. March 2006. 4-3. p. 1818. Makati City.. 107. p. 44 Cited in Marites Danguilan Vitug. 66 The Project Management Office (PMO) of the Supreme Court handles and coordinates the Action Program for Judicial Reform.. Final Report. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. 4-5. No.html 40 For more details on how the ―Justice on Wheels‖ program was initially implemented. 50 Ibid. Mandaluyong City: Asian Development Bank. Supported by the Supreme Court and the UNDP. 128. Inc. Final Report. ―Judiciary-wide Court Management Information System (CMIS) launched: Seen to Help Reduce Caseload and Delays. diversion under R. Supported by the Supreme Court and the UNDP. 53 CPRM Consultants. 49 ADB Country Governance Assessment: Philippines. 104. Mandaluyong City: Asian Development Bank. 2005.

Regional and Sustainable Development Department of Asian Development Bank. available online at http://transparency.bbc. ―Boncodin defends pork barrel.‖ Business Review. Land Transportation Office (LTO) and the Philippine National Police (PNP). Controlling Corruption. both comprised of domestic and foreign debt.ph/statdata/monthly/mo_debtindicator.stm 72 Cited in Joselito D. 2010. ―Wiping Away the Footprints of Corruption in the Philippines. Edgardo Campos.ph/node/247016/corruption-wor 86 Ibid. R. 10. March 10. Issue 16. 2001.‖ Obejas is Prosecutor III. and solid.co. The CPI measures the perceived levels of public-sector corruption in a given country and is a composite index.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 69 P.‖ Philippine Daily Inquirer. Pacoy. National Prosecution Service. 68 The main findings presented in the global survey are as follows: • Corruption in the private sector is a growing concern among the general public • Political parties and civil service groups are perceived to be the most corrupt sectors around the world • Petty bribery is reported to be growing in some parts of the world –with the police the most likely recipients of bribes. December 6.‖ Manila Bulletin. 75 Mario B. (2nd Assistant City Prosecutor).uk/2/hi/asia-pacific/1057716. 2007. Department of Justice. 83 Ibid. Available online from http://news. February 2010. Larmour & N. Cited in J. May 8. Office of the City Prosecutor of Manila. 2010.‖ available online from http://www. Elements and Approaches. Wolanin (eds). 2010 available online from http://www. ―Integrity Initiative. the index lists countries from the ―free‖ (80 points and higher) to the ―repressed‖ (below 50 points). 87 This is prepared by The Heritage Foundation in cooperation with the Wall Street Journal. Casayuran.treasury. ―A Practical Approach to Combatting Corruption: The Value Chain Methodology. op.2. (Berkeley: University of California Press. Available from http://opinion. Obejas. 1988).‖ Manila Bulletin.132 respondents from 69 countries. and Switzerland at 9. 85 ―We have blatant and quiet corruption. 73 Concept by Robert Klitgaard. Corruption and Anti-Corruption. 77 The four government agencies arethe Department of Agrarian Reform (DAR). With a maximum score of 100 points. 80 Cai U. a country receiving a score of zero is perceived to be highly corrupt. ―High cost of Corruption in Philippines. 76 Ibid. functioning public institutions. 2000. January 31.org/?p=10#more-10 81 Ibid. 82 Ibid. Department of Agriculture (DA). A Publication of the Capacity Development and Governance Division. • Ordinary people do not feel empowered to speak out against corruption • Governments are considered to be ineffective in the fight against corruption – a view that has remained worryingly consistent in most countries over time.inquirer.P. drawing on 13 different expert and business surveys.gov. Ordinario. It is the only worldwide public opinion survey on views and experiences of corruption. 78 E. trails neighbors in Transparency International‘s corruption index. Asia Pacific School of Economics and Management & Australian Institute of Criminology. Asia Pacific Press. See http://www.P.ederic.mb.0. R. 84 Cited in Edgard Tordecillas. As a poll of the general public. TI explains that these scores reflect political stability. 74 This was formerly known as Countrywide Development Fund (CDF).com. Collective Action 101: Principles.4.‖ in The Governance Brief. p. 70 This consists of the National Government Debt and the National Government Debt Service. According to Tordecillas.3.php/component/content/article/83-opinion-columnist/13430-we-have-blatant-andquiet-corruption See also ―RP is 4th most corrupt in Southeast Asia. 196 . the report offers the greatest country coverage todate at 73. while a country scoring 10 in the index is perceived to have low levels of corruption.‖ BBC. cit. Philippines. Singapore and Sweden tied at 9. 79 According to Transparency International.manilatimes.pdf 71 Nicholas Nugent. Manila.net/index. it provides an indicator of how corruption is affecting individuals on a national level and how efforts to curb corruption around the world are viewed on the ground. Note: Highest scorers in the 2009 CPI are New Zealand at 9.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption. long-established conflict of interest regulations. Denmark at 9.

‖ Philippine Daily Inquirer. 5-6.d. Trillanes IV. Transformation. which together generate regularity in behavior and allow people to get on with everyday business. pp. Research funded by the United Nations Development Programs (UNDP).. and 184 from randomly drawn Large Corporations. ―The main source of graft—Part II. López. ―P7. (Quezon City: Public Trust Media Group Inc.d. Villegas. V. 2010 at the AIM Conference Center in Makati City. 366 of whom from randomly drawn Small and Medium Enterprises. D. 4. 228-229. Domingo. 107 ―Curbing Corruption.‖ n.. PHDR Issue 2008/2009 No. Bhargava was formerly Country Director of the World Bank for the Philippines. The ratings of agencies' sincerity in fighting corruption were graded into Very Good (net +50 and above). January 22. Dhareshwar. ―The Philippine Bureacracy: Incentive structures and implications for performance. 94 LTSG. 2008. 2002. 7. 2010. The sample enterprises were drawn from five study areas: 200 in Metro Manila. cit.. and Excellence in Governance (InciteGov). Social Weather Stations. 7. & Wang. 2010). August 17. 99 As reported by Mario B. B4.. 22-23. and the Hills Program on Governance. 2010 at the Asian Institute of Management (AIM) in Makati City.‖ U4 Expert Answer. 2010. 100 each from Metro Cebu and Metro Davao. ―Overview of Corruption and Anti-Corruption in the Philippines.‖ 98 Ibid.‖ Manila Bulletin.‖ in Mapping the Future. Anthonio F. ―Boncodin defends pork barrel. op. (New York: The World Bank and Oxford University Press. 88 91 92 Cited in Larmour and Wolanin. p. 96 Marites Danguilan Vitug. in partnership with the AIM and with the support of the National Endowment for Democracy. 105 Thomas. 97 Toby C. Moral Imperatives of National Renewal: Readings on the Moral Recovery Program.Democratic Deficits in the Philippines: What is to be Done? Ronnel W. 2000). ―The banality of corruption‖ in his column ―Passion for Reason. 104 Vicente T. Shadow of Doubt: Probing the Supreme Court. 102 Raul Pangalangan. Moderate (+10 to +29). Kaufmann.‖ Masteral Dissertation. Y.. Available from http://opinion. (Manila: Senate of the Philippines.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 108 Vinay Bhargava. Changes were considered "notable" when the rating moved in a different grade. 2010.ph) research and advocacy project. 2010. 106 Vinay Bhargava. 2010. The Quality of Growth. ―Corruption in the Philippine Navy Procurement System. pp. ―Combating Corruption in the Philippines. 1993). March 15. Bhargava was formerly Country Director of the World Bank for the Philippines. N. sponsored by The Asia Foundation. Monsod. 100 Senator Leticia Ramos-Shahani.Asian Institute of Management. Kishor. ―Corruption pulls down RP freedom ranking.inquirer. Casayuran.‖ n. SWS is a member of the Transparency and Accountable Governance (www.. 2009 using face-to-face interviews of 550 top and middle-level enterprise managers (error margin of ±4%). May 8. 197 . February 16. A.‖ Philippine Daily Inquirer. 90 Presented by Social Weather Stations President Mahar Mangahas at the "Forum on the SWS 2009 Surveys of Enterprises on Corruption and Anti-Corruption Strategies" on February 11. 2010. Transparency International.17. 89 Ibid. pp. B2. informal constraints and enforcement characteristics. and 75 each from Cavite-Laguna-Batangas (CALABA) and Cagayan de Oro/Iligan City. 93 Ibid. The 2009 SWS Surveys of Enterprises on Corruption were conducted from November 3 -December 5. January 29. 95 Farzana Nawaz and Alfred Bridi. p.. The forum was held on January 30. 103 Ibid. Good (+30 to +49). R.. p. and Very Bad (-50 and below). January 31. M.. p.the formal rules. ―Combating Corruption in the Philippines. Dennis Gadil. Neutral (-9 to +9). The study ―zeroed in on the civil service in its capacity as ‗repository of expertise and institutional memory and implementer of policy‘ and defined institutions as the incentive systems that structure human interaction .‖ Human Development Network Discussion Paper Series. Poor (-10 to -29).et al. Opinion Section of the Philippine Daily Inquirer. Dailami.org. The forum was organized by the International Center for Innovation. The forum was organized by The Asia Foundation.‖ Malaya.14B lost in DA‘s ‗wasteful‘ operation. 101 Ibid.‖ Philippine Daily Inquirer. p.tag. Bad (-30 to -49).

cit.net/inquireropinion/columns/view/20071203104472/President_hostage_to_guns_of_gov%92t_troops 143 Ibid. p. 136 Obejas. 113 Ibid.. 123 Tordecillas. May 8.‖ INQUIRER. 144 Philippine Center for Investigative Journalism. ―Boncodin defends pork barrel. op. May 8. 115 Bhargaya.. cited in Tordecillas. 107. 132 Bhargaya.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 130 Ibid.. pp. 522-523.. 118 Obejas. 106-107. Inc. January 31. 2010. op.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 110 Ibid.‖ Available online from http://www. 111 Ibid. 2010.. 116 ―Curbing Corruption. op. 2007.yahoo. 12-13.. ―The main source of graft—Part II. p. Local Government in the Philippines.‖ GMANews..net. 128 ―CBCP offers masses for Freedom of Info bill. Casayuran. 2010. 2010. 137 Bhargaya..pcij. 6. op.org 121 Adrian Wood. December 7. Opinion Section of the Philippine Daily Inquirer. 119 Based on a recommendation made by LTSG. ―Five year assessment of the implementation of the devolution in the Local Government Code‖ in Tapales.inquirer. May 30. 127 Ibid. Gen. ―Integrity Initiative…‖.html 129 ―Curbing Corruption.news.com/gma/20100530/tph-cbcp-offers-masses-for-freedom-of-in-d6cd5cf. cit.world-psi.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption.gov. 2009. p.‖ Business Mirror.html 109 198 .‖ 2002.ph/search/lce 139 Alex Brillantes. Anthonio Trillanes IV. 133 Ibid.‖ Philippine Daily Inquirer.‖ available online from http://www. 141 Rodel Rodis. 120 Donna Mcguire. cit.net/mindfeeds/mindfeeds/view/20071207-105462/The_Caricature_Coup___ Note: LTSG.‖ in Mapping the Future. Available online from http://globalnation. 13. p. 12. 142 Amando Doronila. B2.TV. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System. pp. 114 Monsod. 23. pp. p. cit. March 15. Philippine Daily Inquirer. September 4.‖ Philippine Daily Inquirer. op.‖ in Analysis.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 117 Ibid. 134 From Obejas. 124 Ibid. Available online from http://ph. who was one of the leaders of the 2003 coup attempt. op. op. December 03.. 2005. cit. ―Collective Action against corruption. ―Creating a Tidal Wave Against Corruption in the Philippines. 138 Figures are from the official website of the Department of the Interior and Local Government at http://www. Vol II. pp. p. Available from http://opinion. 7. p. op. p. 131 Based on a recommendation made by LTSG. 140 ADB Country Governance Assessment: Philippines. Ariel Querubin likewise ran for the Senate in 2010 but had unsuccessful bids. ―Global Networking : The Caricature Coup. etc al. 122 Vicente T.inquirer. op... ―Another coup is unlikely. 106-107. Available from http://opinion. (Philippines: CORAsia. cit.inquirer. cit.‖ Manila Bulletin. 2007. 2010. May 8. 112 Ibid.inquirer. 135 Cited in Obejas.. 1998). Available online from http://opinion. 7. 8. ran for the Senate and succeeded but remains incarcerated. p.‖ Philippine Daily Inquirer. Danny Lim and Col. cit. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System.‖ 2002.dilg. 125 Bhargaya. ―Analysis : President hostage to guns of gov‘t troops. Asian Development Bank. op. Available from http://opinion. cit. 126 Mario B. cit. Villegas.org/stories/1999/ram2. 2010.inquirer.

April 7.yonip.html This also appeared as Roland G.Democratic Deficits in the Philippines: What is to be Done? Glenda Gloria.gov.aspx?articleid=505720 163 See http://www.senate.‖ STARweek.org/imag/Excerpt/military.org/stories/the-blood-politics-of-abra/ Ma.html 164 THE REPORT OF THE FACT FINDING COMMISSION Pursuant to Administrative Order No. Suerte Felipe. ―Education for All. 165 CPRM Consultants. Conformed by the Commission on Elections. 2010. ―PNP mounts aggressive police action on private armies. 44.‖ The Philippine Star.‖ Philippine Daily Inquirer. Simbulan. ―Comelec asked to allow reshuffling of ‗partisan‘ police chiefs. 2008. 2003.. ―Transforming the PNP.‖ Manila Bulletin. where she grew up. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines. Below World Standards.net/inquireropinion/columns/view/20100406-262605/On-military-intervention 148 Ibid.com/law-legalsystem/constitutional-law-freedom-press/230758-1. 2010.ph/press_release/2009/0606_escudero2.‖ Inquirer. 154 See AFP-PNP Joint Operational Guidelines for 2010 National and Local Elections. 2009. 2 June.inquirer. 168 Ibid. Background Note on the Justice Sector of the Philippines. Available online from http://opinion. 153 Ibid. Simbulan. ―PNP chief to retiring police officers: Quit your posts. p. 2007. 169 ―Public Schools Overcrowded. 47.php?option=com_content&view=article&id=173:pnp-mountsaggressive-police-action-on-private-armies&catid=1:latest-news&Itemid=50 160 Ma. September 16. Vol.htm. available online from http://opinion. Submitted to the Office of the President on 17 OCTOBER 2003. YONIP Editorial.‖ March 27. The Politics of Military Intervention. 166 Artemio V.pnp. 47. Available online from http://www. 12 February..‖ Senate of the Philippines 14th Congress. Ayn Ballesta. p.pcij. 2008.inquirer.com/article. 161 ―PNP Promotion System Hit. Available online from http://www.inquirer.html 150 Asian Development Bank. Armed Forces of the Philippines and Philippine National Police.html 147 Roland G. available online from http://pcij. ―Commentary: On Military Intervention. January 20. PNP can‘t install transition president. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. 1999.net/inquireropinion/columns/view/20080615-142723/Education-for-all (15 June 2008) 167 Ibid.gov.‖ February 14.‖ December 1-2. April 2010. Tan. 78 of the President of the Republic of the Philippines Dated July 30.‖ March 24.gmanews.. March 2006.com/World/PNP-Promotion-System-Hit/2858173 162 Jess Diaz. Available from www. 4-6. 155 Dateline Philippines.asp 158 Abigail Kwok and Marlon Ramos. 2006.‖ April 23. 2010.org/stories/1999/ram. Panganiban.philstar. Local Police Reshuffle Should Focus on Areas Where These May be Used for Partisan Politics.org/HotSeat/davidereport. ―Toedoro: AFP. Available online from http://www. 2010. ―The RAM Boys: Where are they now?.TV. April 27. Available online from http://www. See also AFP. 151 Ibid.groundreport.html Based on We Were Soldiers: Military Men in Politics and the Bureaucracy. ―60% of Police Force ‗Live Below Poverty Line‘: PNP General. 2010.ph/press_release/2010/0120_roxas3. Inc.ph/cms/index.senate. p. 66. Available online from http://www. April 6.pcij. Available online from http://dateline.‖ GMANews. 149 Cecille M.pcij.newsflash. p.org/2004/02/sb/sb005484.articlearchives. Joint Letter Directive 012010. a pamphlet published by the Friedrich Ebert Stiftung.tv/story/189527/comelec-asked-toallow-reshuffling-of-partisan-police-chiefs 157 ―Roxas: PNP Zambo Sur Should be Accountable for Murders.net.net/breakingnews/nation/view/20100407262848/PNP-chief-to-retiring-police-officers-Quit-your-posts 159 Public Information Office. p.asp (6 June 2009) 145 199 . 152 Ibid. 2009.‖ available online from http://www. Available online from http://www. Ayn Ballesta is the pseudonym of a member of a prominent clan in Abra. 146 ―Out of the Barracks. Available from www. ―PNP warns mayors from using cops during election period.gov. 44.. available online from www. 2010. Available online from http://www.com/archives/editorial/ed-000066. Available online from http://newsinfo.‖ Philippine Daily Inquirer. ―The blood politics of Abra.ph/?p=10002 156 Kimberly Jane T.‖ Press Release from the Office of Senator Mar Roxas.

available online from http://www.bulatlat. in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. Diokno. Ma.uis.fnf. and Prof.ph/downloadables/Butch%20Abad. Allan B. 170 200 .I. Ma. (New York: Little Brown and Company. 24 January 2010. UP Diliman. Tubeza. Dina S. Abad. available online from www. ―The State of Philippine Public Education: Problems and Approaches. Quezon City. ―The Challenge of Governance in a Large Bureaucracy (Department of Education): Linking governance to performance in an under-performing sector. Quezon City. ―Suggestions for Education Nation. 186 ―Basic Education Sector Reform Agenda (2005-2010). 183 Ibid.110mb.pdf (26 September 2007) 176 Juan Miguel Luz. 2010 at the NISMED. Villas. http://gmr.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. Prof. Allan B. 2010 at the NISMED. Bautista. Outliers: The Story of Success.html (2008) 173 Note: Children enter primary school at age 6 or 7. 2010. Zambia-Binay. Ocampo.nytimes.org/philippines/8900.com/BESRA%20brochure. ―10-pt. Bernardo and Prof. Bautista. op. 178 Ibid. Daily Herald.‖ Philippine Daily Inquirer. 224-249) and Chapter 9 entitled ―Marita‘s Bargain‖ (pp. Available online from http://www. cit. op. 192 These points were discussed and proposed by Prof. as well as the experience of the Knowledge is Power Program (KIPP) Academy. p. 195 These points were discussed and proposed by Prof. Bernardo and Prof.com/2009/08/25/world/asia/25iht-phils. 29 April 2010.‖ Philippine Daily Inquirer. 189 Luz.pdf. Quezon City. Allan B. 182 Ibid. 2008). Cynthia Rose B.org. 181 Ibid. 250-269).‖ available online from www. 175 Florencio B. 184 Luz. Ma. Ma. UP Diliman. not school days‖ in In Our View. 180 Ibid.html (24 August 2009) 171 Carl Marc Lamota. Cynthia Rose B. Cynthia Rose Banzon Bautista. Prof. Bautista. and short summer vacations. 2008). See also Malcolm Gladwell. Source: UNESCO Institute for Statistics database.unesco.com/news/opinion/editorial/article_fdd1084a-3a9b-5656-aab5-65f9e6113fc6. Serena I. ―The Philippines Face Classroom Shortage. (New York: Little Brown and Company. Serena I. cit. 185 Anna Liza T. Available online from http://heraldextra.unicef. Since 7 is the most common entrance age. professor of Reading Education and Dean of the UP College of Education.I. Prof. enrolment ratios were calculated using the 7-11 age group for population. Cynthia Rose B.aspx (2009) 174 UNICEF Philippines.org/selectIndicators. 260. op. 193 See ―Slash the fat.ph/wpcontent/uploads/2009/05/dp01_luz. cit. For a Gladwell‘s detailed discussion of the implications of school days and long summer vacations.‖ UNICEF Philippines. Prof.‖ available online from hdn.‖ Bulatlat. education reform campaign launched to elect Education President.‖ The New York Times. Ma.html. 179 Ibid. professor of sociology and former Dean of the College of Social Science and Philosophy (CSSP). 23 February 2010. Outliers: The Story of Success.I. 2010 at NISMED. ― Back-to-School Woes Worst Ever. Dina S.‖ available online from http://efa2015. 187 Philip C. Diokno. 190 Professional Regulatory Commission 191 This has been proposed by a number of educators including Prof. Serena I. Prof.org. cit.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9.com/news/5-17/5-17-woes. Diokno. 196 These points were discussed and proposed by Prof. Prof.htm (2005) 172 ―Education: Issue. Ma. ―UN report ranks RP education behind Tanzania. 260.‖ Philippine Daily Inquirer. Bernardo and Prof.pdf (2009) 177 Abad. p. 194 Malcolm Gladwell. Dina S. Dina S. 2010 at the NISMED. May 18. an experimental public school which has longer school days and school hours.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. UP Diliman. op.Democratic Deficits in the Philippines: What is to be Done? Seth Mydans. 188 Roger Posadas. UP Diliman. Quezon City. see Chapter 8 entitled ―Rice Paddies and Math Tests‖ (pp. Ma.

ph/upforum. 216 D. USA on March 26. CA. op. 2010 at the NISMED.irinnews. Economy. 217 Ayesha Dias. Challenges and Actions‖ held on 1314 May 2004. 6. 224 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery.org/Report.‖ Stand Up For Your Rights has a "Right to Environment" Campaign. p. 221 Jenny Kehl.php?i=289 203 204 206 Philippine Development Forum Working Group on Millennium Development Goals MDGs) and Social Progress.allacademic.‖ available online from http://www. ―Philippines: Nutrition gains at risk.up. (United Kingdom: Princeton University Press. RN.‖ in 16 New York University Environmental Law Journal 711 (2008). 198 The UP Forum. a human rights lawyer from Algeria and a member of the Sub-Commission. Environmental Human Rights.asp?pid=83 220 Ayesha Dias.org/hsr/index.up. ―Blueprint for Universal Health Care 2010-2015 and Beyond. available from http://gfdrr.‖ Human Development Report 2000 Background Paper. was appointed as the Special Rapporteur in 1991 by the United Nations Sub-Commissioner on Prevention of Discrimination and Protection of Minorities. 5.ph/downloads/Annex_2_FINAL_PDF_Health[1]. (18 April 2008) 201 Edgar M. 215 Principle 1 of the Declaration of the United Nations Conference on the Human Environment also referred to as the 1972 Stockholm Convention. Fatma Zohra Ksentini.ph/upforum.righttoenvironment. and violence.pdf 201 .msh. which focuses on ―human rights issues that are intertwined with a sustainable future of people and all life on this planet. Politics and Policy" Paper presented at the annual meeting of the ISA's 49th Annual Convention.php?i=289 199 Ibid. 218 Ms.com/doc/243953/Malnutrition-in-the-Philippines 202 The UP Forum.‖ available online from http://www. ―Blueprint for Universal Health Care 2010-2015 and Beyond.org/default. ―Biochem Report 20017-2008: Malnutrition in the Philippines. ―Health Sector Reforms: A Progress Report. Retrieved June 25.aspx?ReportId=77822.gov 223 Thomas F. and the Future of Private Property. Environment and Development: With Special Emphasis on Corporate Accountability.htm Ibid. J. p.html 222 Workshop on ―Natural Resource-Based Conflicts in the Philippines: Trends. cit. ―Blueprint for Universal Health Care 2010-2015 and Beyond.scribd. Ma.‖ available online from http://www. ―Resource Security Bridging the Divide Between Energy.edu. 6. 205 The UP Forum. p.php?i=289 197 ―The Philippines Health Sector Reform Agenda. UN Office for the Coordination of Humanitarian Affairs. Environment.‖ available online from http://www.ph/upforum. Bridging Multiple Divides held at Hilton San Francisco. Gerodias. ―The Public Trust Doctrine.org/ctrydrmnotes/Philippines. ―Human Rights.usaid. Security.‖ available online from http://pdf.edu.up. 2008 from www. Serena I.com/meta/p_mla_apa_research _citation/2/5/4/2/9/p254298_index.pdf 207 The Milk Code 208 Sexually transmitted disease 209 Local Government Code 210 Health Human Resource 211 Health Sector Expenditure Framework 212 Injecting drug users 213 Philippine Health Insurance Corporation or PhilHealth 214 See Javaid Rehman. International Human Rights Law: A Practical Approach 6-7 (2003) and David Takacs.Democratic Deficits in the Philippines: What is to be Done? Proposed by Prof. See http://www. "Human Rights.‖ available online from http://www. Int'l L (1991).‖ 28 Stan. RN and Joanna Ruth Palermo. 219 Stand Up for Your Rights is an international human rights NGO based in The Netherlands. 200 IRIN. 2008 from http://www. Retrieved July 14. Environmental rights and the Right to Environment.‖ available online from http://erc. Shelton. 1999). Quezon City. 2008. Homer-Dixon. scarcity.edu. Diokno in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. San Francisco. UP Diliman.

8. p. p. p. May 16.biodiversityhotspots. 2004. 2008). 235 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. 233 Marites Danguilan Vitug. 2010. Severino. 247 The Supreme Court Reversal on La Bugal .biodiversityhotspots. (See ―Hotspots Defined‖ in http://www. 14. 10. 2009. Conservation International adopted Myers‘ hotspots as its institutional blueprint in 1989. June 2009. including four Mediterranean-type ecosystems.aspx 236 According to Conservation International: ―A seminal paper by Norman Myers in 1988 first identified ten tropical forest ―hotspots‖ characterized both by exceptional levels of plant endemism and by serious levels of habitat loss. 244 Philippine News Agency. 4th edition.org/xp/hotspots/hotspotsscience/Pages/hotspots_defined. ―GMA. 232 Ruth Lusterio Rico.biodiversityhotspots. June 2009. which introduced quantitative thresholds for the designation of biodiversity hotspots: To qualify as a hotspot. Inc. Balgos. The Philippines.aspx Accessed on May 4. Remo. edited by Ceciole C.‖ 240 See http://www. the area where an endemic species lives is wholly irreplaceable.mgb. Olchondra.aspx 237 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. (Pasig City: Philippine Center for Investigative Journalism. Country Environmental Profile – Updates. 231 Ibid. ―The Environmental Movement and Philippine Politics‖ in Philippine Politics and Governance: Challenges to Democratization & Development.500 species of vascular plants (> 0. 1982). ―Environmental woes blamed on RP‘s huge population.‖ available from http://www. climate change blamed for massive flooding. Statement from Legal Rights and Natural Resources Center.) December 8. p.‖ in Saving the Earth: The Philippine Experience. 2006).ph/node/222382/environmental-degradation-climate-change-blamed-ma 225 226 As cited in Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery.pdf 227 Country Environmental Analysis 2008: Philippines. available from http://gfdrr. and it has to have lost at least 70 percent of its original habitat. 14. ―Environmental degradation. 241 European Commission. ―Mining still an investment draw.‘ Since endemic species cannot be found anywhere else. Inc.org/xp/Hotspots/philippines/Pages/default.‖ Available from http://www. A. 242 Howie G. officials say. De Vera. ―The Costs of Extraction. January 18. Severino. (Pasig City: Philippine Center for Investigative Journalism. Abadilla. p. ―The Costs of Extraction.biodiversityhotspots. Kasama sa Kalikasan/ Friends of the Earth – Philippines (LRC-KSK/FOE-Phil. 229 Economist Ernesto Pernia. October 24.org/ctrydrmnotes/Philippines. Three years later an extensive global review was undertaken. 233. a region must meet two strict criteria: it must contain at least 1. (Pasig City: Asian Development Bank.org/xp/Hotspots/philippines/Pages/default. The Environmental Crisis.‖ in Saving the Earth: The Philippine Experience. 1997).‖ Philippine Daily Inquirer.‘ n. (Quezon City: Department of Political Science.gov. June 2009. (Manila: Philippine Education Company. (Pasig City: Philippine Center for Investigative Journalism. 135136. 4th edition. 202 . 243 European Commission.com. The Philippines. This can be thought of as a measure of ‗irreplaceability. 5 other heads of state ink Coral Triangle Initiative. 239 Conservation International defines ―endemism‖ as “the degree to which species are found only in a given place. Encarnacion Tadem and Noel M. available from http://services. 245 See ―The Revitalization of the Minerals Industry Program.ph/revitalization_files/revitalization_frame. 2009.d. pp.org/xp/Hotspots/philippines/Pages/default. 249 Gunther Handl. edited by Teresa S. 248 Howie G. ‗Human Rights and Protection of the Environment: A Mildly ―Revisionist‖ View. 2010. Severino. explains this as interviewed by Michelle V.Democratic Deficits in the Philippines: What is to be Done? Ellalyn B. p.‖ Available from http://www. The Philippines. The Politics of Logging: Power from the Forest. Philippine Daily Inquirer. Tribune..htm 246 Riza T. cit.aspx 238 See http://www. 3. Morada. 228 European Commission.net/print/print. Country Environmental Profile – Updates.inquirer.org/xp/Hotspots/philippines/Pages/default. including an examination of whether key areas had been overlooked. 230 Howie G. 8. and in 1996. Country Environmental Profile – Updates. p.php?article_id=231994. op. 14. p. 1997) edited by Ceciole C.‖ outlining the Philippine government‘s policy on mining. 13.5 percent of the world‘s total) as endemics.biodiversityhotspots.. A.A Bigger Storm Brewing Network. 2010. the organization made the decision to undertake a reassessment of the hotspots concept. p.aspx Accessed on May 4. 3. 234 Domingo C. Balgos. an economist from the University of the Philippines and former chief economist for the Philippines at the Asian Development Bank. 8.mb. p. p. available from http://www. 1993). In 1990 Myers added a further eight hotspots.

269 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court.‖ (n. p. ―Designation of ‗Green Benches‘ in the Philippines: Regional Exchange in Support of Improved Judicial Institutions and Capacity. 2007. 260 Air Quality Monitoring Boards 261 See also http://www. The law seeks to recognize. consolidated bills related to ancestral domains and lands. 251 Atty..‖ Manila Times. p. 254 Country Environmental Analysis 2008: Philippines.‖ May 14.aspx?articleId=36402 265 Office of the President. 113.int/kyoto_protocol/items/2830. 259 ―A Climate of Conflict. Right to Self-Governance and Empowerment. and the Right to Cultural Integrity.. United Nations Framework Convention on Climate Change (UNFCC). 263 Philippines: Climate Change tops DENR priority in 2007. p.html The Clean Air Act outlines the government‘s measures to reduce air pollution and incorporate environmental protection into its development plans. It relies heavily on the polluter pays principle and other market-based instruments to promote self-regulation among the population. 8. 28 February 2008. corporation or groups that installed pollution control devices or retrofitted its existing facilities to comply with the emissions standards in the Act can apply for tax incentives of accelerated depreciation. 1996. available from http://www. Any individual. Sedfrey and Ballesteros. July 11-12.d). governments are allowed to set emission quotas by pollution source.denr. 9. 271 Cielito F. 1997 by then President Ramos.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 270 Ibid. ―PGMA Signs Renewable Energy Act of 2008 Today.org/caiasia/1412/article-34762. PDI. ―The Important Role of Free and Prior Informed Consent (FPIC) in Responsible Mining‖ delivered before the Chamber of Mines of the Philippines in November 2007.gov. 50.‖ (press release of the Office of the President). It bans incineration and smoking in public places. Country Environmental Profile – Updates.ph/ 273 Declaration. 21. (See http://projects. p. (Pasig City: Asian Development Bank.com/ArticlePrinterFriendly.d. 272 See draft of ―enhanced Philippine Agenda 21‖ at: http://pcsd.epa. 258 ―Global warming to cause famine in RP by 2020. 2010. ―Economy and Environment in the Philippines: Issues and Imperatives. 266 Candelaria. 2008.gov. It sets emission standards for all motor vehicles and issues registration only upon demonstration of compliance. Insigne was then Chairman of the National Commission on Indigenous Peoples (NCIP).Democratic Deficits in the Philippines: What is to be Done? 250 The IPRA was signed into law on October 29. promote and protect the rights of the indigenous peoples of the Philippines.ph/article/articleview/5632/1/39/ 275 See http://unfccc. 2. It also establishes a R&D program for air pollution reduction mechanisms and technologies. Hailed as a landmark legislation.philstar.net. the IPRA is the result of various consultations. 267 Ibid. and the development of recycling programs is encouraged.ph 253 Climate Change: Impacts. 2010.neda. PDI. Manila. Available from http://www.cleanairnet. APEC Ministerial Meeting on Sustainable Development. Maria Milagros. 2 January 2008 264 Katherine Adraneda. April 21. ―Yearender: Climate change tops DENR priority in 2007. 257 Greenpeace. p. Insigne. Eugenio A. 1. 2008). Social Justice and Human Rights. It also issues pollutant limitations for industry. June 2009. 4th Assessment Report of the Intergovernmental Panel on Climate Change. p.wri. These include the Right to Ancestral Domain and Lands. enterprise.‖ International Alert. 256 European Commission.‖ The Philippine Star. At the local and municipal levels. The Philippines. deductibility of R&D expenditures or tax credits on the VAT of the equipment and are exempt from real property tax on the machinery or equipment used to comply.gov.gov/greenchemistry/ 203 .php 276 See the official website of the US Environmental Protection Agency at http://www.‖ March 4. November 2007.ncip.org/sd-pamsdatabase/phillipines/clean-air-act) 262 PGMA Creates Task Force on Climate Change. p. Polluting vehicles and industrial processes must pay a charge. 274 Based on recommendations of a 2004-study commissioned by the International Tropical Timber Organization (ITTO) as cited in ―DENR calls on communities to help prevent and control forest fires. 268 Ibid. 2006-2007. Philippines. Vulnerabilities And Adaptation In Developing Countries.‖ n. 252 Culled from various public speeches of Insigne in early 2010 and the NCIP website at www. Available online from http://balita. 255 Climate Change 2007: Synthesis Report. The Philippines: A Climate Hotspot. and international agreements on the recognition of land/domain rights of the IPs. Habito.

Davao City via video conferencing).. Jr. 1. ―Uncertainties surrounding nuclear waste.‖ available online from http://www. (2009) 300 United Nations Development Programme Philippines. p. 281-282.‖ January 12. Agency for International Development and the Joint UNEP/OCHA Environment Unit [Geneva]).‖ available online from http://www..pdf DRR stands for Disaster Risk Reduction.ph/?link=goal_5 301 Merceditas B. 2003. ―How is Your Pension Doing?. 304 Concepcion. 297 Based on the 2000 Census of Population and Housing. 2003.‖ Malaya. Insigne as culled from his various public speeches. Press Release. 298 Ibid. 283 Ibid. 305 ―Bad Investments.newsflash. downloadable at http://www. 23.org/ctrydrmnotes/Philippines.‖ 307 Ramon Magsaysay. 97. 47.org. ―Greepeace debunks nuclear benefit. Vol. 309 Pay as you go system consisting of social pooling and individual fund accumulation where employers and employees must deposit money into the accounts regularly. pp.net. ―The Millennium Development Goals: Goal 5 Improve maternal health. 2.. 284 International financing institutions 285 Philippines Catastrophe Insurance Pool 286 Philippine Insurers and Reinsurers Association 287 Katherine Adraneda. 96..undp. Quezon Blvd.ph/?link=goal_4 303 Ibid. 290 Ibid. 302 United Nations Development Programme Philippines .undp. Rural Development and the National Disaster Coordinating Council of the Philippines.ph/data/pressrelease/2008/pr0830tx. 299 Central Intelligence Agency. Organized by the Supreme Court. 281 Natural Disaster Risk Management in the Philippines.com/ArticlePrinterFriendly. published by The World Bank. Baguio City (with simultaneous forums in the University of the Philippines Visayas.gov. U. 291 Ibid. UP Diliman. Delta Bldg. ―Draft Field Report: Philippines Flooding/Typhoon Rapid Environmental Impact Assessment. SSS.‖ available online from http://www.‖ The Philippine Star. 293 C. Manila.‖ (Commentary) Philippine Daily Inquirer. Concepcion... March 5. p. p.. 14 February 2005. Available from http://gfdrr. Philippines. 306 ―Solons Bat for Merge of GSIS.‖ available online from https://www.manilatimes. The World Factbook. Laviña.cia. 282 Ibid. p.. 2nd floor. 2005. 5 of Monograph Series of Asian Labor Network on IFIs/Philippine Chapter.S. 2008) 296 Based on the 1995 Mid-Decade Census.org. December 19. East Asia and the Pacific Region. 1996. No. 2004. op. ―For 3 agencies.‖ http://www.‖ Cato Journal. 2009. The ADSDPPs are filed at the NCIP main office. Quezon City.. May 14.htm. ―Official population count reveals. September 30. July 11-12. Remo. 98. 279 Based on the advocacy of former NCIP Chairman Eugenio A. ―Why Population Growth is Still an Issue in the Philippines. a privilege speech. No.‖ The Manila Times Internet Edition. p. Politics Blamed for SSS Losses. 2010. 310 David D. Paul Icamina. ―A Simple Solution to China‘s Pension Crisis. (with financial support of Office of Foreign Disaster Assistance.aspx?articleId=36402 288 See Amy R.gov/library/publications/the-world-factbook/rankorder/2119rank. 45. cit. 292 Ibid.html. 280 A Forum on Environmental Justice: Upholding the Right to a Balanced & Healthful Ecology was held on 16 – 17 April 2009 at the University of the Cordilleras. p. Vol. 308 Presented during the ALNI/P Symposium at Balay Kalinaw. 44.org/2004/02/si/si001983.‖ Philippine Daily inquirer. January 1.‖ Reengineering the SSS. Quezon City.. (Philippines. 204 .census.―The Millennium Development Goals: Goal 4 Reduce child mortality.Democratic Deficits in the Philippines: What is to be Done? 277 278 Declaration. Fall 2003.philstar. 289 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. Iloilo City and Ateneo de Davao University. 2010. ―Country Comparison: Population. Li and Ling Li. Nelson D. ―Yearender: Climate change tops DENR priority in 2007. 294 Primary statistical arm of the government of the Philippines. APEC Ministerial Meeting on Sustainable Development.html. available from http://www. December 18. nuke option looks appealing. Kelly. 295 National Statistics Office.

316 Ibid. 336 Ibid. regulations remain a major constraint.A3 335 Ibid. Mitra Toossi. 324 Ibid. 2003. p. 311 312 205 . See http://www. ―What next president must do to grow economy. March 1. 282. cit. 318 Cielito Habito. ―A Simple Solution to China‘s Pension Crisis. 356 Ibid. 323 Ibid. 2010. 338 Ibid 339 Sicat.org/index/country/philippines 350 Habito. 317 Ibid.. 2010.. op. 313 Taken from the 2005 ADB Philippines Private Sector Assessment Study. 352 Sicat. 342 Air Transportation Office 343 Philippine Ports Authority 344 Ibid. Gerardo Sicat 333 Sicat. p. p. March 8. 337 Sicat. p.‖ p. February 28. both comprised of domestic and foreign debt. 322 Habito. 327 Ibid. cit. ―A damaged culture and the economy‖. op.5.‖ Philippine Daily Inquirer.‖ Philippine Daily Inquirer. 2009. 319 Ibid. cit.. 354 Ibid. 357 Ibid. 331 Ibid. 1996. 334 Amado Macasaet. ―Local biz confident of access to financing. ―GNP 2009: Gutom Na Pinoy?. A8. 349 See http://www.‖ Philippine Daily Inquirer. p.. cited in David D. p. workforce. we are third in the world in terms of local business optimism in access to financing in 2010. February 9. op. Li and Ling Li.34. ―The new big. 328 Ibid. A11. op.heritage. 325 This consists of the National Government Debt and the National Government Debt Service. 355 Ibid. 314 Ibid.‘ 348 Neri. ―Salceda: Rich also became richer. 2010. 330 Taken from a half-page advertisement of the Joint Foreign Chambers of the Philippines in the Philippine Daily Inquirer. 351 Neri.treasury. op. November 16.gov. p. 329 Gil Cabacungan Jr. 2004. p. GNP 2009.S.. 315 Ibid. 332 Economists define rents in this context as the ―return to factors that have fixed supply. 37. 341 Ibid. 4. 347 Loosely translated as ‗debt of gratitude.‖ Malaya. 340 ADB. p. 346 Hutchcroft. February 1.cit. which is brought about by artificial scarcities that result from the intricacies of regulations. B2. Source: Dr. February 15. 2010. cit. p. 320 Cielito Habito. 345 In fact. cit.‖ Philippine Daily Inquirer. See Irma Isip.pdf 326 Ibid. Malaya. February 2004. 2010. 353 Ibid. 321 Mar Arguelles. A1. bad G word.27. bureaucracy and legislation‖.‖ Monthly Labor Review. op. 50. 2010..Democratic Deficits in the Philippines: What is to be Done? Li and Xu. ―Labor force projections to 2012: the graying of the U. p.ph/statdata/monthly/mo_debtindicator.

372 M. General Santos. Tawi-tawi. 380 Taken from the Project Ploughshares website. Beyond Paper Autonomy: The Challenge in Southern Philippines. Zamboanga del Norte. issue no.ca/libraries/ACRText/ACRPhilippinesN.2 390 Ibid. http://www. to make room for the creation of new jobs in the new firms that will respond to export incentives.Democratic Deficits in the Philippines: What is to be Done? 358 359 Ibid.cit. (Cotabato City: Center for Autonomy and Governance. Marawi. Bauzon. cit. 386 K. Pangalian Balindong of the Second District of Lanao del Sur addressing the House of Representatives on January 30.html. 367 Habito. 52-53. 365 Habito. ―On Issues in the Charter Change. 382 Ibid. 360 Rafaelita Aldaba. Available online from http://www. cit. 369 A large part of this text was taken from the “BRIEF REVIEW OF THE HISTORY OF THE COMMUNIST PARTY OF THE PHILIPPINES: On the Occasion of the 20th Anniversary of its Reestablishment” written by Armando Liwanag on December 26. cit. South Cotabato. Sultan Kudarat. p. Sarangani. 373 Benedicto Bacani. Dipolog. Dapitan.45-51. 370 Ibid.com/index.net/v40n01/insurgency.. Available online from http://www. North Cotabato. p. 2010. p. pp. Those in quotation marks are Liwanag‘s direct statements. op. p.com/index. Zamboanga del Sur. pp. 362 Aldaba‘s example: facing temporary job losses causes by the inevitable death of inefficient firms. 361 Ibid. p. 384 Ibid. 1988.. 206 .1 389 Ibid. The Philippines: The 1996 Peace Agreement for the Southern Philippines: An Assessment. ―How workers fared in 2009. 2010. ICES. 364 Habito. Accessed April 29. 388 Ibid. 377 Liwanag.‖ Philippine Daily Inquirer. 383 Tan. 378 Roy Lagarde. 2010. The Persistence of Insurgency in the Philippines. and Puerto Princesa. and Palawan. Davao del Sur. 2.11 375 Literally translated as ―Moro Nation. Sulu. Lanao del Sur. 2004). 26.htm. Accessed February 24.‖ Philippine Daily Inquirer. 2010. 381 Ibid. 391 Ibid.impactmagazine. 366 Ibid. Ibid. 393 Available online from http://www. op.mindanews. p. 2008. 2010.46. 394 Ibid. 368 Ibid. cit. Iligan. 2. 385 Quoted verbatim from the Privilege Speech of Rep.php?option=com_content&task=blogcategory&id=106&Itemid=190.‖ Autonomy and Peace Review. Maguindanao. 371 Ibid. Pagadian. vol. Alonto. 387 The SZOPAD consists of 14 provinces: Basilan. It also encompasses the cities of Cotabato. op. op. April-June 2006.php?option=com_content&task=view&id=3740. 2010. 363 Ibid. Zamboanga. A14. 374 Ibid.‖ 376 Government forces were involved in the killing of hundreds of Muslim youth who were ‗recruited‘ to be part of the Philippine military forces.mindanews. February 28. ―China-ASEAN Free Trade Deal: Implications for Philippine Industries. 392 Balindong. January 25.ploughshares.11. Accessed March 11. 1999. 379 Ibid. Accessed March 11. Lanao del Norte. p. op.

cit. Eugenio A. op. 404 Bacani. 408 Ibid.‖ Proceedings of the Energy. Perceles H. op. 429 Ibid.pdf Accessed May 1. op. 1970). p.. 2010. p.net/news/breakingnews/view/2007082484523/DepEd_pushes_madrasah_program. 399 Ted Robert Gurr.. Roots of Conflict.49 420 V. p.47-50. Second Semester 2002. pp.gov. ―A damaged culture and the economy. xvii. Valenzuela. xii. Vol. Insigne during the World Indigenous Peoples Day held at Pearl Room. p. 397 Ibid. 2010. 418 Ibid.html 425 Ibid. Quezon City on 10 August 2009. ―The Globalization of Food Security: Rice Policy Reforms in the Philippines. XXIX. 421 Available online from http://www. 1997).pdf. 401 Rosalita Nuñez. p.manilatimes. ―Global Food Security Outlook. 431 Dr. pp. cit.. Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership (Asian Institute of Management and Konrad Adenauer Stiftung.fivims. 22-56. Rosalita Nuñez.inquirer. (Philippines: The World Bank. Commonwealth Avenue.net/index. xiii. 2010. 410 Ibid. Number 54. xi-xiv. xvii. 407 Ibid. 2008). 412 Nuñez. xiii. 427 Ibid. SEAMEO-INNOTECH..pcij. 398 Ibid. 1997). 428 Ibid. xii-xiii. Accessed May 2. 22-56... 419 Valenzuela.. pp.org.org/blog/wp-docs/Abueva-Federalism.. 402 In the Editor‘s Introduction by Emil Bolongaita Jr. Bruce Tolentino. 2010. 406 International Bank for Reconstruction and Development/The World Bank. available online from http://www. Manzo. Accessed May 1 2010. p. op. cit.php?option=com_content&task=view&id=20&Itemid=55 424 Taken directly from the Department of Agriculture website: http://www. 413 News article available online from http://globalnation.‖ Proceedings of the Energy. 400 Ibid. (Makati: Asian Institute of Management. Why Men Rebel (New Jersey: Princeton University Press.org/index. Roots of Conflict.48. p. pp. Accessed April 29. 2008). Diliman.Democratic Deficits in the Philippines: What is to be Done? 395 Available online from http://www.ph/monthlyfeatures/mar2k2a. 411 Ibid. Available online from http://dirp3.fivims.ph/ris/pjd/pidspjd02-2foodsecurity.pids. pp. Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership (Makati: Asian Institute of Management and Konrad Adenauer Stiftung. A3. http://www. 405 Jose Abueva. 426 Message of NCIP Chairman Atty. 416 Ibid. 50. p. March 1.php?option=com_content&task=view&id=20&Itemid=55 422 Accelerated Hunger Mitigation Program 423 Directly quoted from the Food Insecurity and Vulnerability Information and Mapping Systems (FIVIMS) website.com/2009/01/dept-ofagriculuture-food-security-and. ―Food Security in the Region and in the Philippines. 2005) pp. p. 396 Lagarde.php/news/nation/15897-grp-mnlf-sign-agreement-toenforce-1996-peace-deal.cit.. 409 Ibid.org/index.rtf 415 Edgardo T.‖ Malaya.. xvii. 414 See http://www. 403 Ibid. 430 Amado Macasaet.childprotection. 207 .agriculture-ph. 417 Ibid. (Makati: Asian Institute of Management. Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao. Philippine Journal of Development.

. Manila: Philippine Education Company. Alex. 1970. Maria Roda.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. Cisnero. Maurice. Ted R. 1982. ―Five year assessment of the implementation of the devolution in the Local Government Code‖ in Local Government in the Philippines. 2009. Princeton: Princeton University Press. Princeton: Princeton University Press. Bacani. 2005. Scarcity.. Proceedings on the Conference on 208 . Outliers. 2005. edited by Tapales et. Carlos. Asian Development Bank.Democratic Deficits in the Philippines: What is to be Done? Bibliography Books Abadilla. Malcolm. Vol II. 2008 Duverger.. 1997. Inc. Cotabato City: Center for Autonomy and Governance. Philippines: Asian Development Bank. Ponciano and Habaradas. Philippines: Asian Development Bank. Intal Jr. Raymund. Brown and Company. and Violence. Environment. The Environmental Crisis . New York: Wiley. Clarita. Background Note on the Justice Sector of the Philippines. Gurr.. Action and organization: An introduction to contemporary political science. 1999. Domingo. London: Little. Robert C. Manila: Konrad Adenauer Foundation. Political Parties. 1963. Beyond Paper Autonomy: The Challenge in Southern Philippines. Gladwell. Philippines: Asian Development Bank. Homer-Dixon. Asian Development Bank. ADB Country Governance Assessment. 2004.. 2008. Metro Manila: National Judicial Institute. eds. Inc. Benedicto. 1998. Why Men Rebel. Brillantes. Bone. Asian Development Bank. Thomas F. Dynamics of Political Parties in the Philippines. 2005 ADB Philippines Private Sector Assessment Study. ―Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace: Indigenous Modes of Dispute Resolution and Indigneous Justice Systems. 1972.al. New York: Harper & Row. Philippines: CORAsia.

M. Klitgaard. 1997. 2006. 2005. Political Parties: Contemporary trends and ideas. Abigail and Inventor. Robert. ―Impact of the Barangay Justice System on Decongesting Court Dockets and Broadening Access to Justice: Looking Back and Forward. Philippines: The World Bank. & Wolanin.‖ in Saving the Earth: The Philippine Experience. Alfredo F. Rosalita. ―The Environmental Movement and Philippine Politics‖ in Philippine Politics and Governance: Challenges to Democratization & Development. Morada. Larmour. Quezon City: Greenpeace. Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao. 2004. 1994. P. Roy C. 1988 LaPalombara. Leticia. New York: Harper And Row. Ostrogorski. Pasig City: Philippine Center for Investigative Journalism. Metro Manila: National Judicial Institute. Corruption and Anti-Corruption. Encarnacion Tadem and Noel M. Manila: Senate of the Philippines. and Myron Weiner. 4th edition. Balgos. Ramos-Shahani. Macridis. International Bank for Reconstruction and Development/The World Bank. 1993. edited by Ceciole C. 2010. Howie. Tadiar. N. Princeton: Princeton University Press. 2008. Manila: DLSU – Angelo King Institute for Economic and Business Studies. A. Makati: Asian Institute of Management. 209 . Democracy and the Organization of Political Parties. McCoy. Climate Change Impacts and the Philippines. Asia Pacific School of Economics and Management & Australian Institute of Criminology. 1967. 2001 Lusterio Rico. 2007. Controlling Corruption. Moral Imperatives of National Renewal: Readings on the Moral Recovery Program. (eds). 1967. Alfred. Quezon City: University of the Philippines Department of Political Science. The Philippines: A Climate Hotspot. ―The Costs of Extraction. Political Parties and Political Development. Severino. 2005. Roots of Conflict. Jasper.. An Anarchy of Families: State and Family in the Philippines.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. 1997. Manila: Ateneo de Manila University Press. Edited by Teresa S. Berkeley: University of California Press. Asia Pacific Press. New York: General Books Llc. Nuñez. Jabines. Ruth.Democratic Deficits in the Philippines: What is to be Done? “Reflections on Philippine Development Challenges and Governance” held November 24. Joseph .

Samuel. Inc.Democratic Deficits in the Philippines: What is to be Done? Tan. Organized by the Supreme Court. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. Davao City via video conferencing). Power from the forest: The politics of logging. Final Report. 2006-2007 CPRM Consultants. United Nations Framework Convention on Climate Change (UNFCC). Sedfrey and Maria Milagros Ballesteros. Vulnerabilities And Adaptation In Developing Countries.. ―The electoral system and political parties in the Philippines‖ in Government and Politics of the Philippines. Luzviminda. 2008. Quezon City: Public Trust Media Group Inc. Iloilo City and Ateneo de Davao University. ―Designation of ‗Green Benches‘ in the Philippines: Regional Exchange in Support of Improved Judicial Institutions and Capacity. Makati: Asian Institute of Management and Konrad Adenauer Stiftung. Institutional Strengthening of the Shari’a Justice System (Phase 1). Tangcangco. Inc. Ayesha. Edited by Raul de Guzman and Mila Reforma. Singapore: Oxford University Press. Pasig City: Philippine Center For Investigative Journalism. Marites Danguilan. ―Global Food Security Outlook‖ in Proceedings of the Energy. March 2006. June 2004. Internationalization of the Bangsamoro Struggle. Baguio City (with simultaneous forums in the University of the Philippines Visayas. CPRM Consultants.. Vitug. 210 . Dias. Valenzuela. Declaration of the United Nations Conference on the Human Environment (1972 Stockholm Convention). Marites Danguilan. 1993. Vitug. Papers/Reports/Forum Proceedings A Forum on Environmental Justice: Upholding the Right to a Balanced & Healthful Ecology was held on 16 – 17 April 2009 at the University of the Cordilleras. Shadow of Doubt: Probing the Supreme Court. 4th Assessment Report of the Intergovernmental Panel on Climate Change. Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership. ―Human Rights.‖ Human Development Report 2000 Background Paper. Candelaria. 4-8. 1988. p.. Edgardo T. Climate Change: Impacts. Quezon City: University of the Philippines Press. 2010.‖ Climate Change 2007: Synthesis Report. 1993. Environment and Development: With Special Emphasis on Corporate Accountability.

Nawaz. Diokno. UP Diliman. 2008.d.html Kelly. Politics and Policy" Paper presented at the annual meeting of the ISA's 49th Annual Convention. UP Diliman. Ma. International Human Rights Law: A Practical Approach 6-7 (2003) and David Takacs. Farzana. ―Overview of Corruption and Anti-Corruption in the Philippines. 2008 from http://www. Paper presented during the ALNI/P Symposium at Balay Kalinaw. and Bridi. C.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. Dina S. Quezon City. Rural Development and the National Disaster Coordinating Council of the Philippines.‖ n. 4. ―Draft Field Report: Philippines Flooding/Typhoon Rapid Environmental Impact Assessment. East Asia and the Pacific Region. Cynthia Rose B. 2010 at the NISMED. 1st place winner of the Essay Writing Contest on the Rule of Law sponsored by the Supreme Court in 2007. ―Resource Security Bridging the Divide Between Energy. Natural Disaster Risk Management in the Philippines.‖ Monsod. ―The Public Trust Doctrine.Democratic Deficits in the Philippines: What is to be Done? Elai. Paper presented at the "Forum on the SWS 2009 Surveys of Enterprises on Corruption and Anti-Corruption Strategies" on February 11. Most Significant Technique in Mediation Series.‖ U4 Expert Answer. August 17. ―Rule of Law: The Lamp that Illuminates. PHDR Issue 2008/2009 No. Ma. 2008. Bridging Multiple Divides held at Hilton San Francisco. 2010 at the AIM Conference Center in Makati City. USA on March 26. Toby. Journal Articles 211 .allacademic. Bernardo and Prof. Economy. Transparency International. CA.‖ Human Development Network Discussion Paper Series. Prof. Bautista.‖ in 16 New York University Environmental Law Journal 711 (2008). Prof. No. Social Weather Stations President Mahar Mangahas. Environmental Human Rights. Alfred. Prof. Allan B. 2008. Quezon City. and the Future of Private Property. San Francisco. Metro Manila: Justice Reform Initiatives Support [JURIS] Project. 1. Security. 2003. Vol. Kehl. Javaid.I. Serena I. September 30. Jenny. Retrieved July 14. 5 of Monograph Series of Asian Labor Network on IFIs/Philippine Chapter.com/meta/p_mla_apa_research _citation/2/5/4/2/9/p254298_index. Rehman. Published by The World Bank. ―The Philippine Bureacracy: Incentive structures and implications for performance.

May 8.‖ Autonomy and Peace Review 2 no. Theses/Dissertations LTSG. M. May 30. E.net/inquireropinion/talkofthetown/view/20100508-268822/Curbingcorruption ―Global warming to cause famine in RP by 2020. J. Available from http://opinion. Trillanes IV. V. ―The Globalization of Food Security: Rice Policy Reforms in the Philippines.com/gma/20100530/tph-cbcp-offers-masses-for-freedom-of-ind6cd5cf. ―CBCP offers masses for Freedom of Info bill. 2010. Newspaper/e-News Articles ―Bad Investments. Hutchcroft. December 19. ―On Issues in the Charter Change.TV. Paul.Democratic Deficits in the Philippines: What is to be Done? Alonto." Ethnic Studies Report: ICES XVII no. 2010. Tolentino. Li.‖ Philippine Journal of Development XXIX no.Bruce.‖ Philippine Daily Inquirer. Politics Blamed for SSS Losses.‖ Manila Times. 2002. Antonio F. Pacoy. Edgardo. 1 (2008). Environmental rights and the Right to Environment. Available from http://ph.html ―Congress won‘t end reign of political dynasties. (2006). 2 (1999): 253-280. ―Tracking Anti-Corruption Initiatives: Perceptions and Experiences in the Philippines.P. "Human Rights. 2010. ―A Simple Solution to China‘s Pension Crisis. 2004. 2. David.‖ The Governance Brief 16 (2007)." Journal of East Asian Studies 3 (2003): 263. Shelton. and Rocamora.‖ The Manila Times Internet Edition.inquirer. "The Philippines: The 1996 Peace Agreement for the Southern Philippines: An Assessment. 54 (2002). Joel. 212 .‖ Philippine Daily Inquirer. April 21.‖ 28 Stanford Journal of International Law 103 (1991). Bauzon.net.‖ Masteral Dissertation. and Ling Li.‖ GMANews. Campos. Dinah. ―A Practical Approach to Combating Corruption: The Value Chain Methodology. April 26. "Strong demands and weak institutions: the origins and evolution of democratic deficit in the Philippines.‖ Cato Journal 23 no. Kenneth. 2008. ―Curbing Corruption.yahoo.news. ―Corruption in the Philippine Navy Procurement System.2 (2003).‖ JOAAG 3 no.

Ronnel. Gil. ―Political Parties and social movements. 2006. Cabacungan Jr.Democratic Deficits in the Philippines: What is to be Done? ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. Arguelles. ―Boncodin defends pork barrel. Rafaelita. ―Yearender: Climate Change Tops DENR Priority in 2007. February 28.com/Article. David. 2010. A14. ―Corruption pulls down RP freedom ranking. ―Salceda: Rich also became richer.html ―We have blatant and quiet corruption.ph/2010/05/14/outgoing-sc-justice-puno-to-associatejustice-corona-preserve-integrity-of-the-high-court/ ―RP is 4th most corrupt in Southeast Asia. Daily Herald. A11.‖ The Philippine Star. 2010. 2010. May 18. Available online from http://www.html Aldaba.philstar. 2010. April 17.ph/node/247016/corruption-wor ―Slash the fat. 2010. A1. Mar. Jess.aspx?articleId=36402 AFP. Casayuran. 2010.com/article.‖ Philippine Daily Inquirer. p.com/law-legal-system/constitutional-lawfreedom-press/230758-1.‖ Philippine Daily Inquirer. ―Teodoro: AFP. B4.‖ The Philippine Star.mb. ―China-ASEAN Free Trade Deal: Implications for Philippine Industries. Mario.net/index. 2010. ―60% of Police Force ‗Live Below Poverty Line‘: PNP General. 2010.articlearchives.com/news/opinion/editorial/article_fdd1084a-3a9b-5656-aab565f9e6113fc6. January 2. 2008. February 28.‖ Philippine Daily Inquirer. Katherine. Available from http://balita. ―What next president must do to grow economy. Randolph. 2010. Available online from http://www.‖ Philippine Daily Inquirer. Available online from www. September 16.‖ Manila Bulletin.‖ Philippine Daily Inquirer.philstar.manilatimes.‖ May 14.‖ Available from http://www. Available online from http://www.‖ Manila Bulletin. Diaz. p. 213 .com. January 31. p..php/component/content/article/83-opinion-columnist/13430we-have-blatant-and-quiet-corruption Adraneda. not school days‖ in In Our View.‖ Manila Bulletin.aspx?articleid=505720 Domingo. PNP can‘t install transition president. 2009. March 10. 2 June. Available online from http://heraldextra. p. January 22. March 8.

Carl Marc. February 1.‖ Philippine Daily Inquirer. Available online from www. Abigail and Marlon Ramos. Cielito. 2009. ―The banality of corruption‖ in his column ―Passion for Reason.net/inquireropinion/columns/view/20071203104472/President_hostage_to_guns_of_gov%92t_troops Gadil.‖ Malaya. April 7. ―Back-to-School Woes Worst Ever. December 03. March 5. Philippine Daily Inquirer. 2010. December 18.bulatlat. Nicholas. 2010. ―The new big. Habito.inquirer. 2010. Amando. 2009.14B lost in DA‘s ‗wasteful‘ operation. 2000. Available online from http://www. Dennis.‖ Philippine Daily Inquirer. Available online from http://news.‖ Philippine Daily Inquirer. January 25. March 1. ―P7. November 16. 214 . 2010. January 29. p. ―Wiping Away the Footprints of Corruption in the Philippines. Joselito D. p. 2010. February 9. Riza.com/news/5-17/5-17-woes. ―PNP chief to retiring police officers: Quit your posts. Available online from http://newsinfo.co. ―How workers fared in 2009. p. December 6. ―High cost of Corruption in Philippines‖.‖ Malaya. Icamina. 2010.net/breakingnews/nation/view/20100407-262848/PNP-chief-to-retiringpolice-officers-Quit-your-posts Lamota. January 18. A3. Habito.htm Laviña.‖ Philippine Daily Inquirer. Irma. Paul.‖ Malaya.‖ Olchondra. bad G word. 2010. Raul. ―Uncertainties surrounding nuclear waste.html Nugent. ―GNP 2009: Gutom Na Pinoy?‖ Philippine Daily Inquirer.stm Obejas.‖ Philippine Daily Inquirer. 2007. B2. Mydans. Kwok. Seth. Cielito. Macasaet. ―Local biz confident of access to financing. A8.R.uk/2/hi/asia-pacific/1057716. 2010.‖ The New York Times. February 16. ―Greepeace debunks nuclear benefit. BBC. Habito. Available online from http://opinion. ―The Philippines Face Classroom Shortage. ―Analysis : President hostage to guns of gov‘t troops.‖ (Commentary) Philippine Daily Inquirer. Pangalangan. regulations remain a major constraint. Nelson.bbc.‖ Bulatlat. officials say. 2010. Cielito.Democratic Deficits in the Philippines: What is to be Done? Doronila.‖ Malaya.‖ In Analysis. Amado. Isip. ―Mining still an investment draw.nytimes.inquirer. ―A damaged culture and the economy.com/2009/08/25/world/asia/25iht-phils.

Zambia-Binay. October 24. workforce.‖ Tribune. 5 other heads of state ink Coral Triangle Initiative. April 6. Available online from www. Remo.php?article_id=231994 Rodis.S. Amy R. Roger. 23 February 2010. 2010.‖ Philippine Daily Inquirer. Remo. Artemio.inquirer. ―Global Networking : The Caricature Coup. education reform campaign launched to elect Education President.gmanews. Available online from http://globalnation.‖ Available online from http://opinion. 29 April 2010. 215 . April 27. Tan. Philip.‖ Philippine Daily Inquirer. ―For 3 agencies. May 16.net/print/print. ―Commentary: On Military Intervention. Villas.‖ Philippine Daily Inquirer.‖ INQUIRER. 3.net/inquireropinion/columns/view/20100406-262605/On-militaryintervention Suerte Felipe.‖ Philippine Daily Inquirer.‖ Philippine Daily inquirer. 10. Kimberly Jane T. ―Transforming the PNP. ―UN report ranks RP education behind Tanzania. Roland. ―Integrity Initiative.Democratic Deficits in the Philippines: What is to be Done? Panganiban. ―GMA. Collective Action 101: Principles. Available online from http://www. February 2010. ―Education for All.org/2004/02/sb/sb005484. January 1.inquirer.‖ STARweek.inquirer. Anna Liza T. 2009. Mitra.net/inquireropinion/columns/view/20080615-142723/Education-for-all Philippine News Agency.‖ Business Review. Philippine Daily Inquirer. 2007.htm. February 2004.net/mindfeeds/mindfeeds/view/20071207105462/The_Caricature_Coup Simbulan. Rodel. Edgardo. 12 February. 2008.TV. Available from http://services. December 7. Available online from http://opinion. ―Environmental woes blamed on RP‘s huge population. 2010. ―Comelec asked to allow reshuffling of ‗partisan‘ police chiefs. 24 January 2010. Cecille M. nuke option looks appealing. Michelle V. Elements and Approaches.newsflash.‖ GMANews. ―Suggestions for Education Nation‖.‖ Monthly Labor Review. p. ―Labor force projections to 2012: the graying of the U.tv/story/189527/comelec-asked-to-allow-reshuffling-of-partisan-policechiefs Toossi. Posadas. 2010. 2009.net. ―10-pt.inquirer. Tubeza. p. Tordecillas.

Country Environmental Profile – Updates. May 14. 1996) Manila. Available online from http://www. Joint Letter Directive 01-2010. (Annual Report of the Supreme Court of the Philippines) Manila: Supreme Court Public Information Office. Melencio Herrera.. Available online from http://www. and Chancellor of the Philippine Judicial Academy. (APEC Ministerial Meeting on Sustainable Development. ―How is Your Pension Doing?. Ameurfina Melencio. July 11-12. Philippine Statement by H. 2008.htm 216 . European Commission. Davide.gov. ―Collective Action against corruption.E. Wood. ―The Revitalization of the Minerals Industry Program. Philippines. 2008.mgb. 2005. 2009.com/index.‖ Reengineering the SSS. The Philippines. Representative of the Second District of Lanao del Sur. Permanent Representative of the Republic of the Philippines to the United Nations. Associate Justice. retired Justice of the Supreme Court. 1996. Pangalian. Hilario G. Opinion Section of the Philippine Daily Inquirer. Herrera. ―Court Annexed Mediation(CAM)-Making it Work: The Philippine Experience. ―The Justice on Wheels of the Philippines.mindanews.Democratic Deficits in the Philippines: What is to be Done? Villegas. 2005. January 30. p. Ramon. Hilario G. B2. 2003. Declaration. delivered on 20 April 2009 at the Helmsley Hotel. Annual Report 2008. Magsaysay. Jr. ―The main source of graft—Part II‖ in Mapping the Future. March 15. Parallel Session C. September 4.‖ Business Mirror. AFP-PNP Joint Operational Guidelines for 2010 National and Local Elections. Mines and Geosciences Bureau.‖ Outlining the Philippine government‘s policy on mining. Adolfo S. at the Makati Shangri-La.ph/revitalization_files/revitalization_frame.‖ Presented during the International Conference and Showcase on Judicial Reforms held on November 2830. Jr. Government Publications/Documents Armed Forces of the Philippines and Philippine National Police.php?option=com_content&task=view&id=3740 Davide. at the International Conference and Showcase on Judicial Reforms. Adrian. on Rule of Law Support and Advancement: The Philippine Experience. June 2009. Balindong. Privilege speech. New York. 2010. Azcuna. November 29. Mr. Vicente. APEC. at the Rizal Ballroom of the Makati Shangri-la Hotel. Jr.‖ A Presentation by Justice Ameurfina A. a privilege speech.

Internet.fnf. ―PGMA Signs Renewable Energy Act of 2008 Today.org/blog/wp-docs/AbuevaFederalism.asp A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. Inc.‖ Press Release issued on March 1. at the Rizal Ballroom of the Makati Shangri-la Hotel.pia.ph/?m=12&sec=reader&rp=2&fi=p070301.ph/downloadables/Butch%20Abad. Metro Manila: National Judicial Institute.A Bigger Storm Brewing Network.‖ 14th Congress. Retrieved June 25. 2007. ―The Blood Politics of Abra.com/BESRA%20brochure. Panganiban. Challenges and Actions‖ held on 13-14 May 2004." Available online from http://efa2015. 2008.110mb.pcij. Artemio V.gov The Supreme Court Reversal on La Bugal . Internet.htm&no=18&date=3/1/2007 Senate of the Philippines. held on November 28-30. THE REPORT OF THE FACT FINDING COMMISSION Pursuant to Administrative Order No. Ma.‖ Available online from http://www.gov. Kasama sa Kalikasan/ Friends of the Earth – Philippines (LRC-KSK/FOE-Phil.‖ Available online from www. Internet. 2004. 78 of the President of the Republic of the Philippines Dated July 30. ―Federalism.senate. ―Ensuring the Success of the Philippine Judicial Reform Program. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. Available online from http://www. Jose. Below World Standards. 2003.) December 8.pdf.pdf.usaid. accessed March 2010.‖ (press release of the Office of the President). ―Public Schools Overcrowded. ―PGMA Creates Task Force on Climate Change. Panganiban. Justice. 2008 from www. Internet. accessed April 2010. Abueva. ―The State of Philippine Public Education: Problems and Approaches. Philippine Information Agency. Available online from www. Workshop on ―Natural Resource-Based Conflicts in the Philippines: Trends.ph/press_release/2009/0606_escudero2.‖ Paper delivered by Justice Artemio V. Ayn. Ballesta. Submitted to the Office of the President on 17 OCTOBER 2003.pdf .‖ Available online from http://pcij. 2005. accessed May 2010.Democratic Deficits in the Philippines: What is to be Done? Office of the President. Basic Education Sector Reform Agenda (2005-2010). Articles from Websites Abad.gov.org. Statement from Legal Rights and Natural Resources Center.org/stories/the-blood-politics-of-abra/. accessed May 2010. Florencio. 217 .

‖ Available online from http://www. 2010. Available online from http://gfdrr.org/libros/4/1985/14.org/caiasia/1412/article-34762. and Palermo.fivims. RN.bibliojuridica.org/index. Available online from http://dateline.pdf ―Hotspots Defined. Internet. 218 . Internet. Available online from http://www. Internet.org/stories/1999/ram. ―Country Comparison: Population. accessed May 2010. Internet.pdf.‖ April 23. Gerodias.org/2004/02/si/si001983.cleanairnet.html/ Internet. ―The RAM Boys: Where are they now?‖ Available online from http://www.‖ Available from http://www. Merceditas. Gloria.‖ 2000.org/ctrydrmnotes/Philippines.ph/?p=10002 De Vera. Vinay.com. Internet.org/eapsocial Central Intelligence Agency. Eugenio.ph. Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. Joanna Ruth. accessed May 2010.html. Internet. Insigne.gov/library/publications/the-world-factbook/rankorder/2119rank. Internet.‖ Available online from http://www.worldbank.‖ Available online from http://www. Dateline Philippines. Available online from http://www.gov. Edgar. ―Philippines FIVIMS in support of the Accelerated Hunger Mitigation Programme (AHMP). ―Biochem Report 2007-2008: Malnutrition in the Philippines. ―Combating Corruption in the Philippines. Glenda. Food Insecurity and Vulnerability Information and Mapping Systems.cia.biodiversityhotspots. Internet. accessed May 2010. ―Why Population Growth is Still an Issue in the Philippines.newsflash. Handl.Democratic Deficits in the Philippines: What is to be Done? Bhargava. The World Factbook. ―PNP warns mayors from using cops during election period.ph/node/222382/environmental-degradation-climatechange-blamed-ma.aspx. accessed April 2010.‖ Available online from https://www.pcij. Various speeches during World Indigenous Peoples‘ Day. ―Clean Air Initiative: Asia .‖ Available online from www.worldbank.org/publicsector/anticorrupt and http://www. Gunther.org/xp/hotspots/hotspotsscience/Pages/hotspots_defined. RN. ―Environmental degradation.‖ Available online from http://www. accessed May 2010.The Clean Air Act of the Philippines. Concepcion.html. accessed May 2010. accessed March 2010.mb.ncip.‖ Available online from http://www.com/doc/243953/Malnutrition-inthe-Philippines. Ellalyn.htm. accessed May 2010. Internet. climate change blamed for massive flooding. accessed March 2010. accessed April 2010. ―Human Rights and Protection of the Environment: A Mildly ‗Revisionist‘ View.scribd.php?option=com_content&task=view&id=20&Itemid=55 .

―Brief Review of the History of the Communist Party of the Philippines: On the Occasion of the 20th Anniversary of its Reestablishment.philippinerevolution. Internet.pl?author=al. Jimenez. "Another Coup is Unlikely.judiciary. Cai. accessed May 2010.pdf.org/Report. ―The Persistence of Insurgency in the Philippines.htm.. Donna. Veronica . Internet.‖ Available online from http://www. Internet. accessed 24 February 2010.Democratic Deficits in the Philippines: What is to be Done? International Tropical Timber Organization.P. Armando.. Internet. Liwanag.ederic.‖ Available online from http://hdn. ―Judiciary-wide Court Management Information System (CMIS) launched: Seen to Help Reduce Caseload and Delays. ―Creating a Tidal Wave Against Corruption in the Philippines. Internet. Lagarde. 219 .ph/wp-content/uploads/2009/05/dp01_luz. accessed May 2010.irinnews. Luz." Available online from http://www. ―DENR calls on communities to help prevent and control forest fires. accessed April 2010. McGuire. Philippine Center for Investigative Journalism.net/v40n01/insurgency. ―The Challenge of Governance in a Large Bureaucracy (Department of Education): Linking governance to performance in an under-performing sector.impactmagazine.net/cgibin/statements/statements.census.‖ Available online from http://www. accessed April 2010. accessed April 2010. accessed March 2010.‖ Available online from http://www. Juan Miguel. accessed March 2010.date=881226.aspx?ReportId=77822. IRIN.‖ Available online from http://www. ―Press Release: Official population count reveals.denr. accessed April 2010.html.‖ Available online from http://apjr.html.pcij.‖ Available online from http://attyatwork.ph/data/pressrelease/2008/pr0830tx.org/stories/1999/ram2. Internet.ph/news_2007/news_aug2008_02. ―R. Internet. National Statistics Office.org.‖ Available online from http://www. Internet. Internet.com/juris-project-supremecourt-promotes-mediation-and-alternative-dispute-resolution-mechanisms/.gov.gov. JURIS Project..‖ Available online from http://transparency. ―JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms. Internet.org/?p=10#more-10.html. accessed May 2010.‖ Available online from http://www.org.world-psi. trails neighbors in Transparency International‘s corruption index. ―Philippines: Nutrition gains at risk. accessed 4 March 2010. Ordinario. Roy.language=eng.ph/article/articleview/5632/1/39/. UN Office for the Coordination of Humanitarian Affairs.gov. Internet.

Democratic Deficits in the Philippines: What is to be Done? Philippine Center for Investigative Journalism.gov. accessed May 2010.htm. 2010. accessed May 2010.php." Available online from http://www. UNICEF Philippines. Available online from http://www.pnp.‖ Available from http://www.‖ Available online from http://www.ph/cms/index.html (2008).org.php?option=com_content&view=article&id=173:pnp-mountsaggressive-police-action-on-private-armies&catid=1:latest-news&Itemid=50 Internet. Internet.afp. accessed April 2010. accessed April 2010. accessed 20 June 2010. ―The Millennium Development Goals: Goal 5 Improve maternal health. ―Blueprint for Universal Health Care 2010-2015 and Beyond.senate. Local Police Reshuffle Should Focus on Areas Where These May be Used for Partisan Politics. Internet. Official Website of the AFP.ph/press_release/2010/0120_roxas3.org/imag/Excerpt/military.html.edu. accessed May 2010.mil. Available online from http://www. accessed April 2010. "Health Sector Reforms: A Progress Report." Available online from http://pdf. January 20.undp. Internet.org.ph/?link=goal_4.groundreport. Internet.php?option=com_content&view=article&id=55&Itemid=58& limitstart=11.‖ March 24.up.gov.undp. Public Information Office. 2010. accessed March 2010. accessed April 2010.pcij.msh. ―PNP mounts aggressive police action on private armies. 220 . Internet. "Out of the Barracks. Internet. Official Website of the PNP. accessed April 2010. Available online from http://www. United Nations Development Programme Philippines.ph/0/history. Internet. accessed April 2010. ―Education: Issue.‖ Available online from http://erc.‖ Press Release from the Office of Senator Mar Roxas. accessed March 2010.ph/cms/index.pdf. Internet.ph/upforum.org/philippines/8900. Websites & Links Armed Forces of the Philippines." Available online from http://www.php?i=289. Available online from http://www. ―The Millennium Development Goals: Goal 4 Reduce child mortality.‖ Available online from http://www. Internet.unicef. ―Roxas: PNP Zambo Sur Should be Accountable for Murders.gov. United Nations Development Programme Philippines.asp.ph/downloads/Annex_2_FINAL_PDF_Health[1]. "PNP Promotion System Hit.‖ Available online from http://www. Philippine Development Forum Working Group on Millennium Development Goals and Social Progress . The UP Forum. Internet.pnp.org/hsr/index.com/World/PNPPromotion-System-Hit/2858173.ph/?link=goal_5 Internet. ―The Philippines Health Sector Reform Agenda. Philippine National Police.

biodiversityhotspots.aspx. UNESCO Institute for Statistics.org/selectIndicators.aspx http://dirp3.Democratic Deficits in the Philippines: What is to be Done? Conservation International.org/default.html . Department of Agriculture.unesco.‖ Official Website of Conservation International.gov. accessed May 2010.treasury.childprotection.org/index/country/philippines http://www.ph/monthlyfeatures/mar2k2a. Available online from http://www.asp?pid=83 http://www.agriculture-ph. Internet. http://unfccc. accessed April 2010. Internet.ph/ris/pjd/pidspjd02-2foodsecurity.ploughshares.ca/libraries/ACRText/ACR-PhilippinesN.com/2009/01/dept-of-agriculuture-food-security-and.biodiversityhotspots.php http://www. Available online from http://www. Available online from http://www. Available online from http://gmr.gov. Internet.aspx.gov.pdf http://globalnation. Internet.tv/story/189527/comelec-asked-to-allow-reshuffling-of-partisan-policechiefs http://balita. accessed 11 March 2010. Official Website of the DILG. Available online from http://www. Project Ploughshares.righttoenvironment. accessed April 2010.org/xp/Hotspots/philippines/Pages/default.dilg. Official Website. http://www.org/xp/Hotspots/philippines/Pages/default. Biodiversity Hotspots featuring the ―Philippines.pids.epa.int/kyoto_protocol/items/2830.rtf http://www.ph/statdata/monthly/mo_debtindicator. accessed March 2010. US Environmental Protection Agency. Department of Interior and Local Government.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justice-corona-preserveintegrity-of-the-high-court/ http://www.uis. Available online from http://www.ph/search/lce. Internet.heritage.gov/greenchemistry/ Internet.html.inquirer.org.pdf.gmanews. Official Website of the DA. accessed March 2010.net/news/breakingnews/view/20070824- 221 .

http://www.com/index.net/index.Democratic Deficits in the Philippines: What is to be Done? 84523/DepEd_pushes_madrasah_program http://www. 222 .manilatimes.org/HotSeat/davidereport.org/sd-pams-database/phillipines/clean-air-act http://www.pcij.mindanews.wri.php?option=com_content&task=blogcategory&id=106&Itemi d=190.html http://projects.php/news/nation/15897-grp-mnlf-sign-agreement-to-enforce1996-peace-deal.

She wrote on the Operational Code of the North Korean Politburo as her final paper for the course. Major in Journalism. Despi is a graduate of the B. she has been consultant of the Philippine Congress and Local Government Development Foundation. Dianne Faye C. In 1995. She also holds a 1st degree black belt in Taekwondo. In 2009. Portia Hazel R. Inc. . namely. Lalata is a consultant in the government and non-government sectors covering various development issues. In his 23-year professional career. legislative and judicial branches of government. she received the most outstanding teacher award in the full professor category in the university. the Maximo Kalaw chair on peace and the CASAA professorial chair. ISBN 978-971-94932-0-4 Center for Political and Democratic Reform. He is a regular member of the Filipino Society of Composers Authors & Publishers. Carlos is a professor of political science at the University of the Philippines. As a former Legislative Staff Officer at the Congressional Planning and Budget Department at the House of Representatives. hoping that the development of a code to understand and map out the inner workings of the Asian Communist psyche could help in achieving peace in the region. Cum Laude in 1987 from the University of the Philippines-Diliman. For many years. he has engaged with various agencies of the executive. Political Science program of the University of the Philippines – Diliman in 2009. Kagalingang KAPP. She has held various professorial chairs. She is currently studying the Korean language to pursue further studies in South Korea. Carlos currently works as a technical staff at the SEAMEO Regional Center for Educational Innovation and Technology (SEAMEO INNOTECH). and can be especially used in understanding the case of Communist insurgencies in the Philippines. A graduate of BS Library and Information Science from the University of the Philippines Diliman. she received the Natatanging Guro (Outstanding Teacher). the Elpidio Quirino professorial chair in international relations. she has acquired knowledge and comprehension on and is familiar with the various socioeconomic and political issues in the country. He earned the degree of Bachelor of Arts in Communication. Dennis M. Inc. Filipino Composers Development Cooperative and Original Kapampangan Music Composers and Artists. involved in the research and writing of policy papers.ABOUT THE AUTHORS Clarita R.A. she has worked as a researcher for various government and non-government institutions.

Sign up to vote on this title
UsefulNot useful